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NIT No.: TPNODL/OT/2021-22/067 Dtd.14.09.21 Property of TPNODL – Not to be reproduced without prior written permission of TPNODL Page | 1 TENDER NOTIFICATION for Rate Contract for Networking Devices for SCADA Tender Enquiry No.: TPNODL/OT/2021-22/067; Due Date for Bid Submission: 30.09.2019, 16:00 Hrs TP NORTHERN ODISHA DISTRIBUTION LIMITED (A TATA Power and Odisha Government Joint Venture) Contracts & Material Management Department, Corporate Office, Januganj, Balasore-756019

TENDER NOTIFICATION for Rate Contract for Networking

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Page 1: TENDER NOTIFICATION for Rate Contract for Networking

NIT No.: TPNODL/OT/2021-22/067 Dtd.14.09.21

Property of TPNODL – Not to be reproduced without prior written permission of TPNODL

Page | 1

TENDER NOTIFICATION

for

Rate Contract for Networking Devices for SCADA

Tender Enquiry No.: TPNODL/OT/2021-22/067;

Due Date for Bid Submission: 30.09.2019, 16:00 Hrs

TP NORTHERN ODISHA DISTRIBUTION LIMITED (A TATA Power and Odisha Government Joint Venture)

Contracts & Material Management Department, Corporate Office, Januganj, Balasore-756019

Page 2: TENDER NOTIFICATION for Rate Contract for Networking

NIT No.: TPNODL/OT/2021-22/067 Dtd.14.09.21

Property of TPNODL – Not to be reproduced without prior written permission of TPNODL

Page | 2

CONTENTS OF THE ENQUIRY

S.

NO

PARTICULARS

1. Event Information

2. Submission of Bid Documents

3. Bid Opening & Evaluation process

4. Award Decision

5. Order of Preference/Contradiction

6. Post Award Contract Administration

7. Specifications and standard

8. General Conditions of Contracts

9. Safety

10. List of Annexure

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1.0 Event Information 1.1 Scope of work

Open Tenders are invited in E-Tender Bidding Process from interested Bidders for entering into a rate

contract valid for 18 months as defined below:

S.No. Description EMD Tender Fee RC Validity

1 Rate Contract for Networking Devices for SCADA

Rs. 2,00,000 Rs.5,000 18 months

1.2 Availability of Tender Documents Procedure to participate in tender:

Following steps to be done before “Last date and time for Payment of Tender Fee” as

mentioned:

1. Any pre-bid query regarding the tender shall be sent through mail to

[email protected] with copy to [email protected] before last

date and time for Pre-bid query submission in TPNODL Pre-bid query format.

2. The response to the queries will be provided in www.tpnodl.com against the

corresponding tender.

3. Eligible and Interested Bidders to submit duly signed and stamped letter on Bidder's letter

head indicating

a. Tender Enquiry number

b. Name of authorized person

c. Contact number

d. E-mail id

e. Details of submission of Tender Fee

f. GST Registration No

g. Payment UTR No- …………………. Having Remark (Bidder Name_NIT Number)

h. ANID & User ID of ARIBA System(If Any )

Non-Refundable Tender Fee, as indicated in table above, to be submitted in the form

of Direct Deposit in the following bank account and submit the receipt along with a

covering letter clearly indicating the Tender Reference/ Enquiry Number –

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Beneficiary Name – TP Northern Odisha Distribution Limited

Bank Name – Union Bank of India

Branch Name – Balasore Branch

Account No – 500601010280332

IFSC Code – UBIN0550060

E-mail with necessary attachment to be sent to [email protected] with copy

to [email protected] before last date and time for payment of Tender Fee.

Interested bidders to submit Tender Fee and Authorization Letter before Last date and

time as indicated in the event calendar, after which link from TPNODL E-Tender system

(Ariba) will be shared for further communication and bid submission.

Please note all future correspondence regarding the tender, bid submission, bid

submission date extension etc will happen only through TPNODL E-Tender system

(Ariba). User manual to guide the bidders to submit the bid through E-Tender system

(Ariba) is also enclosed.

No e-mail or verbal correspondence will be responded. All communication will be done

strictly with the bidders who have done the above step to participate in the Tender.

Also it may be strictly noted that once date of “Last date and time for Payment of Tender

Participation Fee” is lapsed no Bidder will be sent link from TPNODL E-Tender System

(Ariba). Without this link vendor will not be able to participate in the tender. Any last

moment request to participate in tender will not be entertained.

Any payment of Tender Fee / EMD by Bidder who have not done the prerequisite will not

be refunded.

Also all future corrigendum to the said tender will be informed on Tender section on

website https://www.tpnodl.com

1.3 Calendar of Events

(a)

Date of sale of detailed bid

documents/ hosting of detailed bid

documents in TPNODL website

From 16.09.2021 to 30.09.2021

from 11:00 Hrs. to 15:00 Hrs on

working days.

(b) Last Date of receipt of pre-bid queries,

if any 20.09.2021 up to 16:00 Hours

(c) Last Date of Posting Consolidated

replies to all the pre-bid queries as 24.09.2021 up to 17:00 Hours

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received

(d) Last date and time of receipt of

Tender fees 28.09.2021 up to 17:00 Hours

(d) Last date and time of receipt of Bids 30.09.2021 up to 16:00 Hours

(e) Date & Time of opening technical bids

& EMD 30.09.2021 at 16:30 Hours

(f) Date & Time of opening of Price of

qualified bids

Will be notified to the successful

bidders through our website / mail.

Note :-In the event of last date specified for submission of bids and date of opening of bids is

declared as a closed holiday for TPNODL office, the last date of submission of bids and date

of opening of bids will be the following working day at appointed times.

1.4 Mandatory documents required along with the Bid.

1. EMD of requisite value as mentioned above. 2. Tender fee (RTGS/NEFT) in case tender is downloaded from website 3. Duly signed copy of TENDER as an acceptance to all terms and conditions as

mentioned in this TENDER. 4. Balance sheet as mentioned in Qualification Criteria 5. Work executed details as per Qualification Requirement along with supporting

documents 6. Drawing, Type Test details and copies if required 7. Commercial specification details as per attached sheet 8. Schedule of Deviations as per attached sheet 9. Proper authorization letter to sign the tender on the behalf of bidder shall

accompany the bid.

In absence of any of the above documents bid is liable to be rejected. 1.5 Deviation from Tender

Bidder shall necessarily submit a signed and stamped copy of this TENDER (in original)

as a token of acceptance of all the terms and conditions of this TENDER. Replication of

this TENDER on bidders’ document shall not be acceptable. Normally no deviation is

accepted to TENDER document supplied with the bid & bid with deviation is liable to be

rejected. However, in case of any deviations to this TENDER, all such deviations shall be

furnished by the bidders in the schedule of Deviations attached as Annexure III and

submit the same as a part of the Technical Bid.

1.6 Right of Acceptance/Rejection

Bids would be rejected in absence of following documents:-

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1. EMD of requisite value 2. Tender fee of requisite value 3. The offer does not contain prices indicating break up towards all taxes &

duties 4. Complete technical details are not enclosed 5. Tender is received after due date and time 6. Tender is not received as per terms and conditions of tender

TPNODL reserves the right to accept/reject any or all the bids without assigning any

reason thereof. Joint venture bids are not allowed.

1.7 Qualification Criteria

Bidder should the following minimum qualifications to submit a Proposal:

1.7.1 The bidder should either be an OEM for tendered equipment or an authorized channel partner of OEM. Self-Certification to be submitted in case of OEM. In case the OEM wishes to participate in the tender through a channel partner, necessary authorization to the partner (specific to the tender enquiry) to participate on behalf of OEM shall be submitted. The authorization letter shall explicitly mention that in case, the channel partner fails to provide the necessary services as per the RFP, OEM shall provide standard warranty on the machines supplied against the contract. The warranty period and inclusion / exclusion of parts in the warranty shall remain same as defined in the contract.

1.7.2 The bidder should have average annual turnover of minimum of Rs. 1.5 Crores in last three financial years. Copy of audited Balance Sheet and P&L Account to be submitted in this regard.

1.7.3 Bidder should be a company registered in India with an office in Orissa. Bidder should submit the undertaking and details of address in this regard.

1.7.4 The bidder should have executed similar Networking related works for cumulative Rs. 2 Cr. during last 3 years. Copy of work order / completion certificate to be submitted in this regard.

1.8 Marketing integrity

We have a fair and competitive marketplace. The rules for bidders are outlined in the

General Condition of Contracts. Bidders must agree to these rules prior to participating.

In addition to other remedies available, we reserve the right to exclude a bidder from

participating in future markets due to the bidder’s violation of any of the rules or

obligations contained in the General Condition of Contracts. A bidder who violates the

market place rules or engages in behaviour that disrupts the fair execution of the

marketplace restricts a bidder to length of time, depending upon the seriousness of the

violation. Examples of violations include, but are not limited to:

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1. Failure to honour prices submitted to the marketplace 2. Breach of terms of the published in TENDER/NIT

1.9 Supplier Confidentiality

All information contained in this tender is confidential and shall not be disclosed, published or advertised in any manner without written authorization from TPNODL. This includes all bidding all bidding information submitted.

All tender documents remain the property of TPNODL and all suppliers are required to return these documents to TPNODL upon request.

Suppliers who do not honour these confidentiality provisions will be excluded from participating in future bidding events.

2.0 Evaluation Criteria

The bids will be evaluated technically on the compliance to tender terms and conditions.

The bids will be evaluated commercially on the overall all-inclusive lowest cost for the complete tender BOQ as calculated in Schedule of Items [Annexure I]. TPNODL however, reserves right to split the order line item wise and/or quantity wise among more than one Bidder. Hence all bidders are advised to quote their most competitive rates against each line item.

Bidder has to mandatorily quote against each item of Schedule of Items [Annexure I]. Failing to do so, TPNODL may reject the bids.

NOTE: In case of a new bidder not registered, existing sites shall be visited by TPNODL officials for confirming overall performance of the BA. However TPNODL reserves the right to carry out sites inspection and evaluation for any bidder prior to technical qualification. In case a bidder is found as Disqualified in the sites visit evaluation, their bid shall not be evaluated any further and shall be summarily rejected. The decision of TPNODL shall be final and binding on the bidder in this regard.

2.1 Price Variation Clause: The year wise prices as finalized shall remain firm during the entire contract period.

3.0 Submission of Bid Documents

3.1 Bid Submission

Bidders are requested to submit their offer in line with this Tender document. TPNODL shall respond to the clarification raised by various bidders and the replies will be sent to all participating bidders through Email/website/Online Ariba.

“EMD” of Rs 2,00,000/- (Rupees Two Lakh Only) valid for 210 days from the due

date of bid submission in the form of BG favoring TPNODL in the format as mentioned

in General Condition of Contract. Soft copy should be uploaded in the EMD folder and

hard copy should be submitted to TPNODL before due date. In case Bidder

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submitting DD, same shall be submitted through NEFT/RTGS only. E-payment

details as mentioned above.

TPNODL Bank Details for transferring Tender Fee and EMD is as below:

Beneficiary Name – TP Northern Odisha Distribution Limited

Bank Name – Union Bank of India

Branch Name – Balasore Branch

Account No – 500601010280332

IFSC Code – UBIN0550060

In case the EMD is in the form of BG, EMD Original Hard Copy shall be delivered at the

following address in Envelope clearly indicating Tender Reference Number, Name of Tender

and Bidder Name before opening of the Bid.

The Envelop shall be addresses to:

H.O.D. (Contracts) TP NORTHERN ODISHA DISTRIBUTION LIMITED (A Tata Power and Odisha Government Joint Venture) Corporate office: Januganj, Balasore, Odisha-756019

The envelop shall also bear the Name & Address of the bidder along with our Tender No. and subject.

“TECHNICAL BID” should be uploaded in the assigned folder of Technical Bid and

shall contain the following:

SECOND PART: “TECHNICAL BID” shall contain the following documents: a) Documentary evidence in support of qualifying criteria b) Technical literature/GTP/Type test report etc. (if applicable) c) Qualified manpower available d) Testing facilities (if applicable) e) No Deviation Certificate as per the Annexure III – Schedule of Deviations f) Acceptance to Commercial Terms and Conditions viz Delivery schedule/ Contract period, payment terms etc. as per the Annexure IV – Schedule of Commercial Specifications. g) Quality Assurance Plan/Inspection Test Plan for supply items (if applicable) h) Acceptance of Annexure II-Scope of work and service level agreement. The technical bid shall be properly indexed and is to be submitted through TPNODL E-tender platform (Ariba) only. Hard copy of Technical Bids need not be submitted. THIRD PART: “PRICE BID” shall contain only the price details and strictly in format as mentioned in Annexure I along with explicit break up of basic prices, Taxes & duties, Freight etc. In case any

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discrepancy is observed between the item description stated in Schedule of Items mentioned in the tender and the price bid submitted by the bidder, the item description as mentioned in the tender document (to the extent modified through Corrigendum issued if any) shall prevail. Price Bid is to be submitted in soft copy through TPNODL E-Tendering system (Ariba) only. Hard copy of Price Bid not be submitted. SIGNING OF BID

The bid must contain the name, residence and place of business of the person or persons making the bid and must be signed and sealed by the Bidder with his usual signature. The names of all persons signing should also be typed or printed below the signature.

The Bid being submitted must be signed by a person holding a Power of Attorney authorizing him to do so, certified copies of which shall be enclosed.

The Bid submitted on behalf of companies registered with the Indian Companies Act, for the time being in force, shall be signed by persons duly authorized to submit the Bid on behalf of the Company and shall be accompanied by certified true copies of the resolutions, extracts of Articles of Association, special or general Power of Attorney etc. to show clearly the title, authority and designation of persons signing the Bid on behalf of the Company. Satisfactory evidence of authority of the person signing on behalf of the Bidder shall be furnished with the bid.

A bid by a person who affixes to his signature the word ‘President’, ‘Managing Director’, ‘Secretary’, ‘Agent’ or other designation without disclosing his principal will be rejected.

The Bidder’s name stated on the Proposal shall be the exact legal name of the firm.

3.2 Contact Information

All the bidders are requested to send their pre-bid queries (if any) against this tender through e-mail within the stipulated timelines. The consolidated reply to all the queries received shall be posted on TPNODL website by the stipulated timelines as detailed in calendar of events.

Communication Details:

Package Owner - Contracts

Name: Ms. Supriya Panigrahi

Contact No.: 8895590483

E-Mail ID: [email protected]

HOD Contracts

Name: Mr. Vipin Chauhan

Contact No: 9717393121

E-Mail ID: [email protected]

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3.3 Bid Prices

Bidders can quote for the entire Scope of Supply/ work or specific line items with a break up of prices for individual items and Taxes & duties. The total bid price shall also cover all the supplier’s mentioned in or obligations mentioned in or reasonably to be inferred from the bidding documents in respect of Design, Supply, Transportation to site, all in accordance with the requirement of bidding documents. The bidder shall complete the appropriate Price Schedules included herein, stating the Unit Price for each item & total price with taxes, duties & freight up to destination at various sites of TPNODL. The prices offered shall be inclusive of all costs as well as Duties, Taxes and Levies paid or payable during the execution of the supply work, breakup of price constituents.

Applicable GST to be specified clearly.

The quantity break up shown else-where in Price Schedule is tentative. The bidder shall ascertain himself regarding material required for completeness of the entire work. Any items not indicated but are required to complete the job, shall be deemed to be included in prices quoted. The rate contract shall be valid for a period of 18 Months.

3.4 Bid Currencies

Prices shall be quoted in Indian Rupees Only.

3.5 Period of Validity of Bids

Bids shall remain valid for 180 days from the due date of submission of the bid. Notwithstanding clause above, the TPNODL may solicit the Bidder’s consent to an extension of the Period of Bid Validity. The request and responses thereto shall be made in writing.

3.6 Alternative Bids

Bidders shall submit Bids, which comply with the Bidding documents. Alternative bids will not be considered. The attention of Bidders is drawn to the provisions regarding the rejection of Bids in the terms and conditions, which are not substantially responsive to the requirements of the bidding documents.

3.7 Modifications and Withdrawal of Bids

The bidder is allowed to modify or withdraw its bid till the due date of tender.

3.8 Earnest Money Deposit (EMD)

The bidder shall furnish, as part of its bid, an EMD amounting as specified in the tender.

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The EMD is required to protect the TPNODL against the risk of bidder’s conduct which would warrant forfeiture. The EMD shall be denominate in any of the following form: a) Banker’s Cheque /NEFT/RTGS in favor of TPNODL, payable at Balasore. b) Bank Guarantee valid for 210 days after due date of submission. The EMD shall be forfeited in case of: a) The bidder withdraws its bid during the period of specified bid validity Or b) The case of a successful bidder, if the Bidder does not i) accept the purchase order, or ii) Furnish the required performance security BG.

3.9 Type Tests (If applicable)

The type tests specified in TPNODL specifications should have been carried out within five years prior to the date of bidding and test reports are to be submitted along with the bids. If type tests carried out are not within the five years prior to the date of bidding, the bidder will arrange to carry out type tests specified, at his cost.

4 Bid Opening & Evaluation process

4.1 Process to be confidential

Information relating to the examination, clarification, evaluation and comparison of Bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process. Any effort by a Bidder to influence the TPNODL processing of Bids or award decisions may result in the rejection of the Bidder's Bid

4.2 Technical bid opening

Bids shall be opened as per the schedule mentioned in Calendar of Events. In case of limited tenders, the bids shall be opened internally by TPNODL. Owing to COVID Scenario, in case of Open Tenders also, the bids shall be opened internally by TPNODL. Technical bid must not contain any cost information whatsoever.

First the “EMD” will be checked. Bids without EMD/ cost of tender (if applicable) of required amount/ validity in prescribed format, shall be rejected.

Next, the technical bid of the bidders who have furnished the requisite EMD will be opened, one by one. The salient particulars of the techno commercial bid will be read out at the sole discretion of TPNODL.

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4.3 Preliminary Examination of Bids/Responsiveness

TPNODL will examine the Bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the Bids are generally in order. TPNODL may ask for submission of original documents in order to verify the documents submitted in support of qualification criteria. Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price per item that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price per item will be corrected. If there is a discrepancy between the Total Amount and the sum of the total price per item, the sum of the total price per item shall prevail and the Total Amount will be corrected.

Prior to the detailed evaluation, TPNODL will determine the substantial responsiveness of each Bid to the Bidding Documents including production capability and acceptable quality of the Goods offered. A substantially responsive Bid is one, which conforms to all the terms and conditions of the Bidding Documents without material deviation. Bid determined as not substantially responsive will be rejected by the TPNODL and/or the TPNODL and may not subsequently be made responsive by the Bidder by correction of the non-conformity.

4.4 Techno Commercial Clarifications

After scrutiny of qualifying criteria, techno commercial criteria offered by the bidder, clarifications will be sought from the bidders for any deviations with respect to the TPNODL specifications and attempt will be made to bring all bids on a common footing. After all techno commercial issues are clarified, the date of price bid opening will be intimated to the technically accepted bidders and same shall also be notified at TPNODL website.

4.5 Clarification Of bids

To assist in the examination, evaluation and comparison of Bids, the TPNODL may, at its discretion, ask the Bidder for a clarification of its Bid. All responses to requests for clarification shall be in writing and no change in the price or substance of the Bid shall be sought, offered or permitted.

4.6 Price Bid Opening

Price bids will be opened at the stipulated date and time. The EMD of the bidder withdrawing or substantially altering his offer at any stage after the technical bid opening will be forfeited at the sole discretion of TPNODL without any further correspondence in this regard.

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4.7 Reverse Auctions

TPNODL reserves the right to conduct the reverse auction (instead of public opening of price bids) for the products / services being asked for in the tender and reserves the rights to conduct the manual negotiation with the BA who is declared L1 after Reverse Auction. The terms and conditions for such reverse auction events shall be as per the Acceptance Form attached as Annexure VI of this document. The bidders along with the tender document shall mandatorily submit a duly signed copy of the Acceptance Form attached as Annexure VI as a token of acceptance for the same.

5 Award Decision

TPNODL will award the contract to the successful bidder whose bid has been determined to be the lowest-evaluated responsive bid as per the Evaluation Criterion mentioned at Clause 2.0. The Cost for the said calculation shall be taken as the all-inclusive cost quoted by bidder in Annexure I (Schedule of Items) subject to any corrections required in line with Clause 4.3 above. The decision to place award of contract order/LOI solely depends on TPNODL on the cost competitiveness across multiple lots, quality, delivery and bidder’s capacity, in addition to other factors that TPNODL may deem relevant.

TPNODL reserves all the rights to award the contract to one or more bidders so as to meet the requirement or nullify the award decision without assigning any reason thereof.

In case any BAs is found unsatisfactory during the Contract period, the award will be cancelled and TPNODL reserves the right to award other BAs who are found fit.

6 Order of Preference/Contradiction :

In case of contradiction in any part of various documents in tender following shall prevail in order of preference 1. Schedule of Items (Annexure I) 2. Post Award Contract Administration (Clause 7.0) 3. Submission of Bid Documents (Clause 3.0) 4. Scope of Work and SLA (Annexure VII)-If any 5. Technical Specifications (Annexure II) 6. Inspection Test Plan (Annexure VIII)-If any 7. Acceptance Form for Participation in Reverse Auction (Annexure VI) 8. General Conditions of Contract (Annexure VIII)

7 Post Award Contract Administration

7.1 Special Conditions of Contract

Rate contract shall be valid for a period of 18 Months from the placement of Contract. Release Order (RO) shall be placed as per the requirement of TPNODL. Rate shall remain FIRM till the validity of Rate Contract.

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TPNODL appreciates and welcomes the engagement/employment of persons from SC/ ST community or any other deprived section of society by their BAs.

Performance Bank Guarantee amounting to 3% of the contract value shall be submitted by the BA as per GCC for a period equivalent to guarantee period plus one month.

Any change in statutory taxes, duties and levies during the contract period shall be borne by TPNODL. However in case of delay in work execution owing to reasons not attributable to TPNODL, any increase in total liability shall be passed on the Bidder, whereas any benefits arising owing to such statutory variation in taxes and duties shall be passed on TPNODL.

All the terms and conditions of TPNODL GCC shall be applicable.

7.2 Payment Terms

100% payment shall be made to BA within 30 days on receipt of Bills subject to successful delivery & installation.

All bills shall be submitted to concerned Engineer-In-Charge along with monthly report (MIS) as mentioned in SLA for certification of work and performance evaluation. This would be verified by TPNODL authorized person for payment after deducting amount for non- compliance as listed SLA

7.3 Delivery Terms

The material shall be delivered within 6 weeks from issue of release order against the Rate contract.

7.4 Warranty Period

5 Years

7.5 Climate Change

Significant quantities of waste are generated during the execution of project and an integrated approach for effective handling, storage, transportation and disposal of the same shall be adopted. This would ensure the minimization of environmental and social impact in order to combat the climate change.

7.7 Ethics

TPNODL is an ethical organization and as a policy TPNODL lays emphasis on ethical practices across its entire domain. Bidder should ensure that they should abide by all the ethical norms and in no form either directly or indirectly be involved in unethical practice.

TPNODL work practices are governed by the Tata Code of Conduct which emphasizes on the following:

We shall select our suppliers and service providers fairly and transparently.

We seek to work with suppliers and service providers who can demonstrate that they share similar values. We expect them to adopt ethical standards comparable to our own.

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Our suppliers and service providers shall represent our company only with duly authorized written permission from our company. They are expected to abide by the Code in their interactions with, and on behalf of us, including respecting the confidentiality of information shared with them.

We shall ensure that any gifts or hospitality received from, or given to, our suppliers or service providers comply with our company’s gifts and hospitality policy.

We respect our obligations on the use of third party intellectual property and data.

Bidder is advised to refer GCC attached at Annexure IX for more information.

Any ethical concerns with respect to this tender can be reported to the following e-mail ID: [email protected]

.

8 Specification and standards

The items supplied should conform to the standards and specifications of TPNODL specification as Annexure VI, unless otherwise specified in this tender.

9 General Condition of Contract

Any condition not mentioned above shall be applicable as per GCC-Supply attached along with this tender.

10 Safety

Safety related requirements as mentioned in our safety Manual put in the Company’s website which can be accessed by: http:// www.tpnodl.com

All Associates shall strictly abide by the guidelines provided in the safety manual at all relevant stages during the contract period.

All jobs are this tender have to be executed strictly in compliance to the Safety terms and Conditions of TP Northern Odisha Distribution Limited. Please refer attached Safety terms and conditions, Annexure-X, for details. Violation of Safety norms will result in Penalty as mentioned in the above document.

11 List of Annexure

Annexure Particulars

1. Schedule for items

2. Technical Specification

3. Schedule of Deviations if any

4. Commercial Specification

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5. Checklist of all the documents to be submitted with the bid

6. Acceptance Form for participation in Reverse Auction Event

7. Scope of work & SLA

8. General Condition of Contract

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ANNEXURE I

Schedule for Items/Quantity

The bidder shall quote the prices strictly in the below format:

S. No Item Description Qty UoM HSN Code

Unit Price (Rs.)

GST (Rs.)

All incl. Unit Price (Rs.)

All incl. BOQ Price (Rs.)

1.

Supply & Installation of Industrial Router (Input Power 12VDC to 48 VDC) routers, Gigabit WAN 2 ports, 4 lan ports 10/100MBPS, 3G/4G/LTE support module). Along with Mounting Kit with 5 Years

EA 130

2

Supply & Installation of Ethernet switch, 24VDC to 48VDC, Fully Managed, Industrial Grade Ethernet Switch for Grid Substation. Ethernet Ports: 24 port (RJ45) Copper 10/100 MBPS, IEC61850 Compliant, with 5 Years Warranty

EA 50

3 Supply & Installation of 6U Rack along with necessary DC PDU and 20 Mtr. power cables and patch panel

EA 130

Total Order Value (INR)

Unit Rate shall include cost of materials as mentioned in Scope of Work (Annexure VII). HSN/SAC codes must be mandatorily provided wherever necessary. Quantity may be changed at TPNODL discretion. We reserve the right to split the order quantity to

any extent.

Prices quoted shall be firm and Rate Contract shall be valid for a period of 18 months from the

placement of contract. RO shall be placed as per the requirement of TPNODL.

BA to mandatorily provide the GSTN for the billing location. The order shall be issued

only for the billing address:

GSTN Billing Address

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NOTE:

Selected Party shall supply / install the items mentioned in the Schedule of Items as per

the requirement which may exceed up to 35%.

Bidder should be responsible for strategically place its resources to provide installation of

the schedule items at different offices of TPNODL as required by TPNODL, meeting the

SLAs.

Bidders are advised to quote most competitive rates considering all factors like

geographical layout, site conditions, all local conditions and factors, which may have any

effect on the execution of the contract safety requirements.

The prices shall be for TPNODL Locations.

In case of increase in quantity for any item, the unit rate mentioned above shall be

considered for the same.

HSN/SAC codes for respective line item must be mandatorily provided wherever

applicable.

All the quantity and line items are mutually exclusive and TPNODL reserves the right to remove or update any line item.

Different location sites for supply, installation, testing and commissioning will be shared by TPNODL with the successful bidder.

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ANNEXURE II

Technical Specifications

General Requirements:

a. The offered products in the solution against the supply order shall be latest version

and should not be end of life for next 5 years, however if any product which is

declared end of life product by OEM during the supply period of material, in this case

the tenderer should supply replaced model or next higher model/version of the

Product.

b. The proposed OEM or Authorized distributor/Partner of OEM should have a

registered office in India to provide sales and 24x7 support in India. The certificate to

this effect should be submitted. The bidder should be either OEM or his authorized

dealer/distributor.

c. The proposed OEM should have presence in INDIA for last 8 years.

d. The proposed OEMs should not be blacklisted anywhere in India.

e. The proposed OEMs /Bidder shall have done 5 similar projects in India, installation

report/ Customer certificate should be submitted.

f. The proposed OEMs should have presence in IDC/Gartner.

g. The bidder / proposed OEM should provide at least one similar successful project

completion report endorsed by the client.

h. The proposed OEMs shall be ISO 9001 certified Company.

i. Offered product must have EAL2/NDPP certified or higher criteria for switching.

j. The proposed Solution should support existing 15 numbers of Aruba 303 APs.

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Technical Specifications for DC Switch, with 24 ports (10/100) RJ45

Sl. No

Specification Required Description Compliance

Yes / No Remarks

1 Please mention Make, Model No. and Part Code

2 Type of Switch Managed Ethernet Switch

3 Type of Device Layer 2 Industrial Grade Switch

4 Number of ethernet Ports (RJ45 Ports)

Min of 24 Port

5 Speed of ethernet 10/100TX RJ45

6 Power Supply

Dual Redundant 10-60 VDC Plug-in Terminal Block

7 Mounting Mounting DIN-Rail or Rack Mounting

8 Operating Temperature -5° to +85°C.

9 Ambient Relative Humidity 5~95% (Non-condensing)

10 Communication Protocol IEC61850-3, IEEE1613 Standards

Environmental Compliance as per :

Test Description

11 IEC 60068-2-1 Cold Temperature

12 IEC 60068-2-2 Dry Heat

13 IEC 60068-2-30 Humidity (Damp Heat, Cyclic)

14 IEC 60068-21-1 Vibration

15 IEC 60068-21-2 Shock

16

Features:

• Management through Console, Web-based, Telnet, CLI

• Supports SNMP Server v1.0/v2.0/v3.0

• Supports Remote Monitoring (RMON)

• Supports software upgrade by SFTP/HTTP

• Supports STP/RSTP/MSTP

• Supports Multicast

• Supports SNTP Client

• Diagnostics with logging and alarms

• LED indicators for link establishment and data transfer for each port

Supports Modbus/TCP

17 Network Security: • Supports HTTPS/SSL

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Sl. No

Specification Required Description Compliance

Yes / No Remarks

• Supports SSH

• Supports TACACS+

• Supports IEEE802.1X

• Supports RADIUS

• Supports User Classification

Supports MAC address binding with switch ports

Product Conformity

18 Acc. to IEEE 802.3-10BaseT

Yes

19 Acc. to IEEE 802.3u-100BaseTX

Yes

20 Acc. to IEEE 802.3u-100BaseFX

Yes

21 Acc. to IEEE 802.3ab-1000BaseT

Yes

22 Acc. to IEEE 802.3ad-Link Aggregation

Yes

23 Acc. to IEEE 802.3x-Flow Control

Yes

24 Acc. to IEEE 802.1d-MAC Bridges

Yes

25 Acc. to IEEE 802.1d-STP Yes

26 Acc. to IEEE 802.1p-Class of Service

Yes

27 Acc. to IEEE 802.1Q-VLAN Tagging

Yes

28 Acc. to IEEE 802.1Q-2005 (formerly IEEE 802.1s) MSTP

Yes

29 Acc. to IEEE 802.1w-RRST Yes

30 Acc. to IEEE 802.1x-port based Network Access Control

Yes

31 Switch Latency Period 6 ms

32 Transfer rate of the Switch

50.4 Gbit/s

33 Mode Store and Forward

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Sl. No

Specification Required Description Compliance

Yes / No Remarks

34 Protection Class IP40/IP30

35 Conformal Coating Yes

36 IPV6 Yes

37 Warranty 5 Years

38 Authorized Repair Center of original Ethernet Switch manufacture in India

Yes

Technical Specifications For DC Router

S. No.

Specification Required Compliance

Yes / No Remarks

1

Industrial Grade router Technical Specifications Compliance

Make Offered

Model Offered

2 Minimum packet forwarding rate of 200 Kpps for 64 byte packets

3 At least 512 MB DRAM and 512 MB Flash.

4 Shall support high performance traffic forwarding at minimum 50 Mbps.

5 The router shall have enough CPU capacity and Memory so as to efficiently meet all the functionalities laid down in the specifications. The bidder should specify the offered CPU and memory model.

6 Router shall support 6/12 U rack mountings.

7 Router shall support Upgrade of Software through Flash Memory.

8 Router shall support on line software reconfiguration to implement changes without rebooting.

9 Router shall be capable of working with 10-60 volts DC

10 Router shall support a console port with RS-232 Interface for configuration and diagnostic purpose.

11 The router must be modular. The router shall support 4 X 10/100/ switching module from Day 1

12 2x10/100/1000 Base-T routable ports required from Day 1

13 The router must have IPv6 feature from day 1

14 Gateway should have support for integrated fourth-generation (4G) wireless WAN capabilities from day one. It should be future 5G pluggable. Dual SIM support Should be provided from day one

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S. No.

Specification Required Compliance

Yes / No Remarks

15 Static routing, RIPv1/2, RIPng, OSPFv2 and v3, BGP4

16 Should be capable to work in L2 and L3 MPLS environment

17 Inter-VLAN routing

18 High availability: VRRP/HSRP

19 IGMP v1/2/3 & PIM-SM, PIM-DM, PIM SSM support

20 The router shall support following WAN protocol

21 Ethernet, 802.1q VLAN, Point-to-Point Protocol (PPP), Multilink Point-to-Point Protocol (MLPPP), Frame Relay, Multilink Frame Relay (MLFR) , High-Level Data Link Control (HDLC), Serial, Point- to-Point Protocol over Ethernet (PPPoE) and ATM (PPPoA)

22 Security - The router shall support following Security features

23 PAP & CHAP as per RFC 1994.

24 Data Encryption as per 3 DES and AES-256 standards.

25 Generic Routing Encapsulation as per RFC 2784.

26 IP Sec based point to point secure tunnels.

27 Support for firewall features.

28 Router should support Intrusion Prevention System feature.

29 Access lists

30 MD5 Route Authentication as per RFC 1321

31 Multiple Privilege levels to provide different levels of access

32 Router shall support following quality of Service (QoS) features

33 Weighted Fair Queuing(WFQ)

34 IP Precedence i.e. Priority based on TOS field of IP ver. 4

35 Differentiated services (Diff. serve) i.e. priority based on DS Field of the IP ver.4

36 Management: Telnet, SSHv2, SNMP v3, DHCP, RADIUS, TACACS+

37 Monitoring: Syslog, Statistics, RMON, Alarm

38 Configuration rollback and pre-planned scheduled reboot facility

39 USB / RJ-45 based console port and auxiliary port for management

40 Safety , EMI/EMC , FCC and NDPP certification compliance

41 Minimum R Humidity: 10 to 85% non-condensing

42 Mounting : Mounting DIN-Rail or Rack Mounting

43 Gateway should support DNP3 serial–to–DNP3/IP and IEC 60870 T101–to–T104 protocol translations.

44 Gateway should Comply with IEEE 1613 and IEC 61850-3 standards

45 Gateway should be ruggedized & modular in nature with minimum IP30 or above certification.

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General Specifications for 6 U Rack

S. No. Requirement Compliance

Yes / No Remarks

1 Rack should be of Reputed brand

2 Should be 6 U Height Rack and have 19” mounting bracket in front & rear and wall mountable with side panels, Front Glass Door with lock. Depth: min. 600 mm; Width: min 550 mm

4 PDU DC 10VDC to 60 VDC and MCB with 4 Ports

5 Power cable 20 Mtr

6 Mounting Hardware

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ANNEXURE III

Schedule of Deviations

Vendor shall refrain from taking any deviations on this TENDER. Still in case of any

deviations, all such deviations from this specification shall be set out by the Bidders, Clause

by Clause in this schedule and submit the same as a part of the Technical Bid.

Unless specifically mentioned in this schedule, the tender shall be deemed to confirm

the TPNODL’s specifications:

S. No.

Clause No. Tender Clause Details Details of deviation with

justifications

By signing this document we hereby withdraw all the deviations whatsoever taken anywhere

in this bid document and comply to all the terms and conditions, technical specifications,

scope of work etc mentioned in the standard document except those as mentioned above.

Seal of the Company:

Signature

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ANNEXURE IV

Commercial Specification

S. No. Particulars Remarks

1. Prices firm or subject to variation Firm / Variable (If variable indicate the price variation clause with the ceiling if applicable) 1a. If variable, price variation on clause given Yes / No 1b. Ceiling --------- % 1c. Inclusive of GST Yes / No (If Yes Indicate % rate) 1d. Octroi payable extra Yes / No (If Yes indicate % rate) 1e. Inclusive of transit insurance Yes / No 2. Delivery as per Tender Yes / No 3. Guarantee clause acceptable Yes / No 4. Terms of payment acceptable Yes / No 5. Performance Bank Guarantee acceptable Yes / No as per attached GCC-Supply 6. Liquidated damages clause acceptable Yes / No 7. Validity (180 days) from the date of Yes / No opening of technical bid 8. Inspection during stage of manufacture Yes / No 9. Rebate for increased quantity Yes / No (If Yes indicate value) 10. Change in price for reduced quantity Yes / No (If Yes indicate value) 11. Covered under Small Scale and Ancillary Yes / No Industrial Undertaking Act 1992 (If Yes, indicate SSI Registration No)

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ANNEXURE V

Checklist of all the documents to be submitted with the bid

Bidder has to mandatorily fill in the checklists mentioned below:-

S.No. Documents attached Yes/No/Not applicable

1 EMD of required value

2 Tender Fee as mentioned in this RFQ

3 Company profile/organ gram

4 Signed copy of this RFQ as an unconditional acceptance

5 Duly filled schedule of commercial specification

6 Sheet of commercial/technical deviation if any

7 Balance sheet for the last completed three financial years; mandatorily enclosing Profit & loss account statement

8 Acknowledgement for Testing facilities (duly mentioned on bidder letter head)

9 List of Machine/tools with updated calibration certificates

10 Details of order copy (duly mentioned on bidder letter head)

11 Order copies as a proof of quantity executed

12 Details of Type Tests (duly mentioned on bidder letter head)

13 All the relevant Type test certificates as per relevant IS/IEC (CPRI/ERDA/other certified agency)

14 Project/supply Completion certificates

15 Performance certificates

16 Client Testimonial/Performance Certificates

17 Credit rating/solvency certificate

18 Undertaking regarding non blacklisting (On company letter head)

19 List of trained/untrained Manpower

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Annexure VI

Acceptance Form for Participation In Reverse Auction Event

(To be signed and stamped by the bidder)

In a bid to make our entire procurement process more fair and transparent, TPNODL intends to use the reverse auctions as an integral part of the entire tendering process. All the bidders who are found as technically qualified based on the tender requirements shall be eligible to participate in the reverse auction event.

The following terms and conditions are deemed as accepted by the bidder on participation in the bid event:

1. TPNODL shall provide the user id and password to the authorized representative of the bidder. (Authorization Letter in lieu of the same shall be submitted along with the signed and stamped Acceptance Form).

2. TPNODL will make every effort to make the bid process transparent. However, the award decision by TPNODL would be final and binding on the supplier.

3. The bidder agrees to non-disclosure of trade information regarding the purchase, identity of TPNODL, bid process, bid technology, bid documentation and bid details.

4. The bidder is advised to understand the auto bid process to safeguard themselves against any possibility of non-participation in the auction event.

5. In case of bidding through Internet medium, bidders are further advised to ensure availability of the entire infrastructure as required at their end to participate in the auction event. Inability to bid due to telephone line glitch, internet response issues, software or hardware hangs, power failure or any other reason shall not be the responsibility of TPNODL.

6. In case of intranet medium, TPNODL shall provide the infrastructure to bidders. Further, TPNODL has sole discretion to extend or restart the auction event in case of any glitches in infrastructure observed which has restricted the bidders to submit the bids to ensure fair & transparent competitive bidding. In case of an auction event is restarted, the best bid as already available in the system shall become the start price for the new auction.

7. In case the bidder fails to participate in the auction event due any reason whatsoever, it shall be presumed that the bidder has no further discounts to offer and the initial bid as submitted by the bidder as a part of the tender shall be considered as the bidder’s final no regret offer. Any offline price bids received from a bidder in lieu of non-participation in the auction event shall be out-rightly rejected by TPNODL.

8. The bidder shall be prepared with competitive price quotes on the day of the bidding event.

9. The prices as quoted by the bidder during the auction event shall be inclusive of all the applicable taxes, duties and levies and shall be FOR at TPNODL site.

10. The prices submitted by a bidder during the auction event shall be binding on the bidder.

11. No requests for time extension of the auction event shall be considered by TPNODL.

12. The original price bids of the bidders shall be reduced on pro-rata basis against each line item based on the final all inclusive prices offered during conclusion of the auction event for arriving at Contract amount.

Signature & Seal of the Bidder

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Annexure VII

Scope of Work & Service Level Agreement

1. Terms of Agreement This agreement shall remain in force from the date of commencement i.e., <date > till the expiry of the warranty (including extension if any) for the device provided against this order. It shall be open to TPNODL to terminate this agreement any time during its currency by giving one month notice to the BA, in writing.

2. Commencement of Warranty Period

The warranty/support period will start from date of completion of installation of device

i.e. from the date on which installation report is signed by TPNODL in TPNODL

format.

a) The warranty of the equipment’s carries for 5 years warranty. BA shall provide

maintenance of the equipment’s for a period 5 years as per terms and

conditions laid in this document.

b) BA shall be authorized channel partner of OEM. BA shall submit the authorization certificate form OEM along with this SLA.

c) Uptime guarantee: Uptime of the equipment’s will be 99 %. This will be

calculated on monthly basis.

3. Scope of Work

TPNODL nominated person release RO/ mail for supply and Installation of Network

Equipment’s(DC Router, DC Switches and Network Rack) across TPNODL area.

a) Studying existing network setup in consultant with TPNODL IT team. Mounting of the appliance in the rack.

b) Prepare landscape/diagram and deliverable SoW. Complete configuration of the device to integrate with network.

c) Mounting of the appliance in the rack. d) Installing the related hardware/software components and terminating the cables

on network. e) Complete configuration of the device to integrate with network. f) Implement and Documentation of the same. g) BA should complete the project as per the agreed time.

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4. Maintenance Services

BA shall provide maintenance services under this agreement for the equipment listed above

on per agreed vide purchase order number for the purchased equipment.

The maintenance services shall include the following: -

(i) Corrective Maintenance

Any system failure, service will be attended by BA’s engineer and if necessary by their

specialists and consultant. If any spare parts or full system requires replacement, it should be

replaced with equivalent model or higher model only. Till the time spare part / services is

replaced/restored, entire appliance will be considered to be down.

(ii) Preventive Maintenance

TPNODL will allow BA to carry out required Preventive Maintenance of the device. The down

time required for Preventive Maintenance will be included in total down time of system to

calculate quarterly uptime and also communicated to TPNODL management by the BA.

5. Spares Availability/ Support for OS Patch

BA shall have a back-to-back Business Critical Support arrangement with the <OEM> for spares and escalation support. BA shall also have a formal arrangement with < OEM> for any technical support that may be required on the hardware and the OS. A copy of agreement between service provider & OEM should be provided to TPNODL

The deliveries under system Hardware, software/patches support include: -

System Software (IOS) updates / upgrades

Pro-active patch notification & installation on device

Operating System Bug-fixes

Flash memory up gradation

Access to OEM Diagnostic Solutions Database.

Any other changes beneficial to TPNODL will be done on device through the bidder

6. Response and Resolution Time:

S. No Activity SLA Timelines

1 Configuration/ Call Response Time 2 Hours response time.

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2 Resolution Time 4 hours from the time of call registration.

7. Delivery Time The devices should be delivered within 2-3 weeks and installation of the same should be done in 1 week from the date of intimation. (Client will intimate date to bidder for installation of equipment’s). 8. Method of contact to Engineer

BA should mention contact no, e-mail id and name of concerned engineer.

9. Level of specialist assistance to engineer.

The BA will ensure that all required specialist /Technical Support will be provided to his

engineer so that the guaranteed uptime will be achieved.

Level of Escalation (If problems are not resolved as per SLA)

Category On call Response Contact person Email id Support – Initial analysis (L1)

Within 2 hrs

L2 Within 4 Hrs

Account Manager

Sales Director

10. Reporting The BA shall prepare a Monthly Report in the prescribed format of TPNODL covering the following:

Uptime Summary Report

11. Support After Warranty Period (AMC) The BA shall be ready to sign Annual Maintenance Contract after expiry of warranty period on same Terms and Conditions mentioned in this SLA at the “decided rate”.

12. Liquidated Damages

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Incase uptime commitment of device (as mentioned in clause 2 (a), (c), 3, 5, 6, 7, 8)) of this SLA) is not met, the same would attract a Penalty @ Rs1000 per hour per device. The penalty money will be recovered from the payment due to BA.

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TP NORTHERN ODISHA DISTRIBUTION LTD

WORK INSTRUCTION /OPERATING GUIDELINES

Doc. Title GENERAL CONDITIONS OF CONTRACT FOR COMPOSITE WORK

Rev. No 0 Page 1 of 78

Prepared By Imran Ahmad/ Swetaraj Parida

Reviewed By Vipin Chauhan

Approved By Sunil Bhattar

Approved Copy of GCC (TPNODL)

CONTENTS

CLAUSE NO. DESCRIPTION

1.0 ORGANIZATIONAL VALUES

2.0 ETHICS

2.1 Tata Code of Conduct

3.0 CONTRACT PARAMETERS

3.1 Issue/ Award of Contract

3.2 Contract Commencement Date

3.3 Contract Completion Date

3.4 Contract Period/Time

3.5 Contract Execution Completion Date

3.6 Contract Execution Period/Time

3.7 Contract Price /Value

3.8 Contract Document

3.9 Contract Language

3.10 Reverse Auction

4.0 SCOPE OF WORK

4.1 Bid Evaluation- Commercial, Technical & Safety Evaluation

4.2 Indemnity

4.3 Display of notice boards at work site

4.4 Disposal of waste at site

4.5 Deployment of workforce

4.6 Damage of Properties

4.7 Issuance of material

4.8 Company's right to use works

4.9 Rights of TPNODL to vary the scope work

5.0 PRICES/RATES/TAXES

5.1 For Supply part of Contract

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Doc. Title GENERAL CONDITIONS OF CONTRACT FOR COMPOSITE WORKS

Rev. No 0 Page 2 of 78

Approved copy of GCC (TPNODL)

CONTENTS

CLAUSE NO. DESCRIPTION

5.2 For Service part of Contract

5.3 Changes in statutory Tax Structure

6.0 TERMS OF PAYMENT

6.1 Pre-Requisites for Payment

6.2 Bills & Invoices

6.3 Payment & Statutory Deductions

6.4 Guidelines for Raising Running/Final Bills

6.5 Quantity Variation

6.6 Full and Final Payment

6.7 All-Risk Insurance Policy

7.0 MODE OF PAYMENT

8.0 SECURITY CUM PERFORMANCE DEPOSIT

8.1 Relationship Bank Guarantee

9.0 STATUTORY COMPLIANCE

9.1 Compliance to Various Acts

9.2 SA 8000

9.3 Affirmative Action

9.4 Compliance to Labour Laws

9.5 Compliance to C&D Waste Management Rules & Environment (Protection) Amendment Rules

9.6 MSME Development Act 2006

9.7 ISO 14001

10.0 QUALITY

10.1 Knowledge of Requirements

10.2 Material/Equipment/Works Quality

10.3 Adherence to Rules & Regulations

10.4 Specifications and Standards

11.0 SAFETY

12.0 INSPECTION/PARTICIPATION

12.1 Right to Carry Out Inspection

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Doc. Title GENERAL CONDITIONS OF CONTRACT FOR COMPOSITE WORKS

Rev. No 0 Page 3 of 78

Approved copy of GCC (TPNODL)

CONTENTS

CLAUSE NO. DESCRIPTION

12.2 Facilitating Inspection

12.3 Third Party Nomination

12.4 Waiver of Inspections

12.5 Incorrect Inspection Call

13.0 MDCC & DELIVERY OF MATERIALS

13.1 Material Dispatch Clearance Certificate

13.2 Right to Rejection on Receipt

13.3 Consignee

13.4 Submission of Mandatory Documents on delivery

13.5 Dispatch and Delivery Instructions

14.0 GUARANTEE

14.1 Guarantee of Performance

14.2 Guarantee period

14.3 Failure in Guarantee period (GP)

14.4 Cost of repairs on failure in GP

14.5 Guarantee Period for Goods Outsourced

14.6 Latent Defect

14.7 Support beyond the Guarantee Period

15.0 LIQUIDATED DAMAGES

15.1 LD Waiver Request

15.2 Material Recovery

16.0 ASSIGNMENT OR SUBCONTRACTING

17.0 UNLAWFUL ACTIVITIES

18.0 CONFIDENTIALITY

18.1 Documents

18.2 Geographical Data

18.3 Associate’s Processes

18.4 Exclusions

18.5 Violation

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Doc. Title GENERAL CONDITIONS OF CONTRACT FOR COMPOSITE WORKS

Rev. No 0 Page 4 of 78

Approved copy of GCC (TPNODL)

CONTENTS

CLAUSE NO. DESCRIPTION

19 INTELLECTUAL PROPERTY RIGHTS

20 INDEMNITY

21 LIABILITY & LIMITATIONS

21.1 Liability

21.2 Limitation of Liability

22.0 FORCE MAJEURE

23.0 SUSPENSION OF CONTRACT

23.1 Suspension for Convenience

23.2 Suspension for Breach of Contract Conditions

23.3 Compensation in lieu of Suspension

24.0 TERMINATION OF CONTRACTS

24.1 Termination for default/breach of contract

24.2 Termination for convenience of associate

24.3 Termination for Convenience of TPNODL

25.0 Dispute resolution and Arbitration

25.1 Governing laws and jurisdiction

26.0 ATTRIBUTES OF GCC

26.1 Cancellation

26.2 Severability

26.3 Order of Priority

27.0 INSURANCE

28.0 ERRORS AND OMISSIONS

29.0 TRANSFER OF TITLES

30.0 SUGGESTIONS & FEEDBACK

31.0 CONTACT POINTS

32.0 LIST OF ANNEXURES

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1.0 ORGANIZATIONAL VALUES

The Tata Group has always been a value driven organization. These values continue to

direct the Group’s growth and businesses. The Six core Tata Values underpinning the way

we do business are:

Integrity - We must conduct our business fairly, with honesty and transparency. Everything

we do must stand the test of public scrutiny.

Understanding - We must be caring, respectful, compassionate and humanitarian towards

our colleagues and customers around the world and always work for the benefit of India.

Excellence - We must constantly strive to achieve the highest possible standards in our day

to day work and in the quality of goods and services we provide.

Unity - We must work cohesively with our colleagues across the group and with our

customers and partners around the world to build strong relationships based on tolerance,

understanding and mutual co-operation.

Responsibility - We must continue to be responsible and sensitive to the countries,

communities and environments in which we work, always ensuring that what comes from the

people goes back to the people many times over.

Agility - We must work in a speedy and responsive manner and be proactive and innovative

in our approach.

2. Tata Code of Conduct

The Business Associate and TPNODL shall be bound by the provisions/ clauses mentioned

in Tata Code of Conduct (TCoC) in all their dealings with stakeholders. The Associate is

advised to go through the TCoC document available as Annexure-P.

3.0 CONTRACT PARAMETERS

3.1 Issue/Award of Contract

TPNODL awards the contract to the Associate in writing in the form of Purchase order or

Rate Contract (RC) hereafter referred as Contract, through in any or all of following modes-

physical handover / post / e-mail / web document / fax with all the attachments/enclosures

which shall be part of the contract document

On receipt of the contract, the associate shall return to TPNODL copy of the contract

document duly signed by legally authorized representative of associate, within two days of

Effective Date of Contract for contracts having contract execution time less than 30 days and

within five days for all other contracts.

Note- In case of RC though, further Release Orders (RO) shall be issued by TPNODL on RC

rates and terms & Conditions as per the requirement of TPNODL.

3.2 Contract Commencement Date

The date of issue/award of contract shall be the Effective Date of Contract or Contract

Commencement date.

3.3 Contract Completion Date

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The date of expiry of Guarantee Period (detailed in section 12 of this document) shall be

deemed as the Contract Completion Date.

3.4 Contract Period/Time

The period from Contract Commencement Date to Contract Completion Date shall be

deemed as the Contract Period/Time.

3.5 Contract Execution Completion Date

The stipulated date for completing the execution of all items in the schedule of quantities

(Supply, Service and or both as applicable) shall be deemed as the Contract Execution

Completion Date.

3.6 Contract Execution Period/Time

The Period from Contract Commencement Date to Contract Execution Completion Date

shall be the Contract Execution Period/Time. Timely Completion of Works/Timely Delivery of

Materials is the essence of the contract. The period from effective date of contract to the

date stipulated for completion of delivery of all items/completion of all the works/services, as

per schedule of quantities of the contract is defined as contract execution completion time.

The Delivery of Materials /The Completion of Works, as applicable, should be achieved in all

respects as per schedules of quantities and all the terms and conditions of the contract, in

the contract execution time.

Any revision/amendment in the originally stipulated contract execution time has to be

approved by authorized representative of TPNODL.

3.7 Contract Price /Value

The total all-inclusive price/value mentioned in the LOI/PO/RC of the contract document is

the Contract Price/Value and is based on the quantity, unit rates and prices quoted and

awarded and shall be subject to adjustment based on actual quantities supplied/actual

measurement of work done and accepted and certified by the authorized representative of

the company unless otherwise specified in schedule of quantities or in contract documents.

3.8 Contract Document

The Contract Document shall mean and include but not limited to the following:

NIT/Tender Enquiry, QR, Instruction to Bidders, Special Condition of Contract (SCC) of

tender, GCC, Technical & Commercial Specifications including relevant annexure and

attachments).

Bids & Proposals Received from Associate including relevant annexure/attachments.

Letter of Intent (LOI/RC/PO) with agreed deviations from the tender/bid documents.

All the Inspection and Test reports, Detailed Engineering Drawings.

Material Dispatch Clearance Certificate (MDCC).

Minutes of Meeting (MoM)

3.9 Contract Language

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All documents, instructions, catalogues, brochures, pamphlets, design data, norms and

calculations, drawings, operation, maintenance and safety manuals, reports, labels, on

deliveries and any other data shall be in English Language.

The Contract documents and all correspondence between the TPNODL, Third Parties

associated with the contract, and the Associate shall be in English language.

However, all signboards required indicating "Danger" and/or security at site and otherwise

statutory required shall be in English, Hindi, and local languages.

3.10 Reverse Auction

TPNODL reserves the right to conduct the reverse auction (instead of public opening of price

bids) for the products / services being asked for in the tender. The terms and conditions for

such reverse auction events shall be as per the Acceptance Form attached in Annexure J.

The bidders along with the tender document shall mandatorily submit a duly signed copy of

the Acceptance Form as mentioned in the Annexure J as a token of acceptance for the

same.

In addition to this TPNODL reserve the rights for manual negotiation even after the Reverse

Auction.

4.0 SCOPE OF WORK

All the activities that are to be undertaken by the Associate to realize the contractual

deliverables in completeness form Scope of Work. Following clauses list, but not limited to,

major requirements of the scope of work.

The associate shall satisfy himself and undertake fully the technical/commercial

requirements of items to be supplied as listed in the Schedule of Quantities together with the

tests to be performed /test reports to be furnished before dispatch, arrangement of stage and

final inspections during manufacturing as per terms and conditions of contract, technical

parameters & delivery terms and conditions including transit insurance to be met in order to

fully meet TPNODL’s requirements.

Completeness: Any supplies and services which might have not been specifically mentioned

in the Contract but are necessary for the scope mentioned in Special Terms & Conditions

and/or completeness of the works at the highest possible level, including any royalties,

license fees & compensation to be paid, whether incurred by the associates or by a third

party for the work covered in the scope, regardless of when incurred, shall be

supplied/provided by the associate without any extra cost and within the time schedule for

efficient , smooth and satisfactory operation and maintenance of the works at the highest

possible level under Indian conditions (but according to international standards for facility of

this type), unless expressly excluded from the scope of supplies and services in this

Contract.

TPNODL have the right, during the performance of the Contract, to change the scope and/or

technical character of the Project and/or of the supplies and services stipulated in the

Contract by submitting a request in writing to the Associate. The Associate shall, within

fifteen days of receipt of such request from the TPNODL, provide Purchaser with a

reasonably detailed estimate of the cost of the change outlined in the request.

In the event, TPNODL requests a change, the Contract price and time shall be adjusted

upwards or downwards, as the case may be and shall be mutually agreed to. The associate

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shall not be entitled to any extension of time unless such changes adversely affect the time

schedule.

The Associate shall not proceed with the changes as requested till adjustment of contract

price and time schedule where so applicable in terms of or otherwise directed by the

TPNODL.

4.1 Bid Evaluation- Commercial, Technical and Safety Evaluation

TPNODL reserves the right to evaluate the bid in the following manner on the below

parameters as per the requirement:

o Safety Evaluation: Business Associates may be required to submit a separate

Safety Bid along with their Technical & Price Bids at the time of bidding, especially in

cases where the expected contract value >= Rs. 1 Cr. and which fall in high risk

category as detailed in Annexure-N. In such cases, TPNODL shall also do a Safety

Bid Evaluation along with Technical Evaluation to declare the Qualified Bidders.

o Technical Evaluation: The bid shall be evaluated on the parameters and not limited

to Bidder Experience, Bidder Performance with other utility/company, internal

performance feedback, Technical Specification, General Technical Parameters

(GTP), Layout, Drawings etc.

TPNODL reserves the right to carry out Factory Evaluation of Manufacturer along

with the Visit to executed Sites for further evaluation to ascertain bidder's

manufacturing capability, quality procedures & Performance of executed works.

o Commercial Evaluation: The bid shall be evaluated on the basis of Qualifying

Requirement parameters and other commercial parameters as mentioned in tender.

4.2 Indemnity

Associates shall undertake to fully indemnify TPNODL (also referred to as the Company in

the GCC) against all kinds of liabilities or damages, of whatsoever nature, including

compensation arising from any accident to the person or property of those in Associate’s

employment or to any other person or properties including those of TPNODL, arising due to

reasons attributable to any, act, omission or negligence of the Associate the Associates, for

the entire period of contract including period of guarantee.

Within 7 days of award of work, the Associates shall submit Indemnity Bond in the format as

per Annexure-E to Order Issuing Authority.

Contract having value more than Rs 2 Cr per Annum, Associates shall submit Indemnity

Bond on Rs 100/- Non Judicial Stamp Paper in the format as per Annexure- E to Order

Issuing Authority.

4.3 Display of Notice Boards at Work Sites

The Associate shall put up display notice board at each project site where the works are in

progress indicating the information given below:

Name of the Project.

Estimated Cost of Project.

Date of Commencement.

Expected date of completion.

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Name of Associate and his telephone number.

Name of Engineer-in-Charge and his telephone number.

4.4 Disposal of Waste at Site

Significant quantities of waste are generated during the execution of project and an

integrated approach for effective handling, storage, transportation and disposal of the same

shall be adopted. This would ensure the minimization of environmental and social impact in

order to combat the climate change.

The associates shall follow the below criteria for disposal of waste at site during the

execution of project.

Associate shall ensure that the detailed project plan include the waste management,

segregation of all designated waste material (Recyclable/ Non-Recyclable), collecting,

storing, disposing and transferring the same to pre-arranged facility/destination in timely

and safe manner as per environmental legislations during the execution of project. The

project plan shall also include the innovative construction practice to eliminate or

minimize waste, protect surface/ground water, control dust and other emissions to air

and control noise during the execution of project. The copy of same shall be given to

EIC before the commencement of project.

The purchase policy of BA shall encourage the procurement of material with recycled

and minimum packaging of goods during delivery. Associate shall provide the

appropriate means for site to site transportation of materials to avoid damage and litter

generation.

Associate shall educate and inform to its project team about the requirement and

responsibilities for waste minimization and disposal in general and provide training of

practices that support this. Waste management should be treated like a safety program.

In the event that area of contaminated or biological hazard is identified, Associate shall

ensure that plant, equipment, personnel and any activity associated with the work is

carried out in consultation with EIC of TPNODL.

Associate shall ensure that the residents living near the site are kept informed about

proposed working schedule and shall informed timings and duration of any abnormal

noise full activity that is likely to happen.

Associate shall ensure the regular maintenance and monitoring of vehicles and

equipment for efficient fuel use so that emissions and noise are within acceptable limits

to avoid air pollution.

4.5 Deployment of Work Force

Associate shall deploy adequate labour, as considered necessary by TPNODL for execution

of the contract including Sundays and Holidays whenever required to do so with no extra

cost to TPNODL. However, prior permission shall be taken from the site Engineer to carry

out the work beyond normal working hours or on Sundays and Holidays. Female employees

shall not be deployed beyond normal working hours/days and no child labour shall ever be

deployed. Associate shall depute full time qualified and experienced engineers to supervise

the work at site. All such staff shall be maintained from commencement to completion of all

works to the entire satisfaction of the Engineer-in-Charge. Associate’s employees deployed

for the works under this contract will not be considered in Company’s employment at any

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time. Associate shall continue to be responsible for all such employees, their safety, all types

of statutory compliances related thereto and in any other manner whatsoever. The company

will stand indemnified by the Associate in respect of all the above. At the same time

Company upon noticing any breach or default on any statutory compliances, may at their

sole discretion, decide to act in a manner as deemed fit at the risks and costs of the

Associate.

TPNODL shall have the right to instruct the Associate to change the Sub- Associates or

skilled /unskilled workers in case the conduct, the workmanship or speed of the work is not

satisfactory.

Associates shall submit duly signed undertaking regarding engagement of competent staff /

employee commensurate to the nature of job to Engineer–in–charge in the format attached

as Annexure – H.

4.6 Damages to Properties

The Associates shall take necessary steps to ensure that the equipment and installations of

the Company, Third parties, including other utility services like water supply pipelines; open

drains telephone cables etc. are not damaged during execution of the works. The Associates

shall be responsible for all such damages and shall have to repair/ replace and/or

compensate for the entire claims in respect of such damages at its own cost.

4.7 Issuance of Material

The material issued to the Associate shall be in the custody of the Associates who shall be

fully responsible for the same. After completion of the works, the Associates will reconcile

the material. Any cost of material which is short or damaged/lost will be deducted from

Associate bill/ deposits.

4.8 Company’s Right To Use Works

If Taking Over Certificate is delayed for any reason, for which TPNODL’s decision shall be

final and binding upon the Associate, the Company shall be entitled to use the works or

portion thereof without affecting Associate’s responsibility and liability to complete the

balance works as per company’s directives from time to time, though Associate shall be

afforded reasonable opportunity by the company to enable Associates to complete all

balance works required for issuance of ‘Taking Over Certificate’ by the company.

4.9 Rights of TPNODL to vary the scope work

TPNODL shall have the right, during the performance of the Contract, to change the scope

and/or technical character of the Project and/or of the supplies and services stipulated in the

Contract by communicating the intent to do so in writing to the Associate. On receipt of such

communication the Associate shall, within the time frame specified in the contract shall

provide TPNODL with a reasonably detailed estimate of the cost of the change in scope

outlined in the TPNODL communication. The change in the Contract price and time shall be

revised upwards or downwards, as the case may be, and shall be mutually agreed to. The

Associate shall not be entitled to any extension of time unless such changes adversely affect

the time schedule.

The Associate shall not proceed with the changes in the scope of work till such time revision

of Contract price and time schedule are approved and communicated to the associate by

TPNODL.

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Any change in the Scope of Work and/or Terms & Conditions of the order shall be intimated

by TPNODL through an amendment to the contract. The amendment shall be treated valid

only if signed by the authorized signatory of the original contract.

5.0 PRICES/ RATES/ TAXES

5.1 For Supply part of Contract

Unless specified elsewhere in the contract document, the prices/rates are inclusive of cost of

finished product for which MDCC will be issued by TPNODL, packaging and forwarding

charges, freight and transit insurance charges covering loading at Associate’s works,

transportation to TPNODL store/site & unloading & delivery at TPNODL stores/TPNODL site,

cost of documentation including all the relevant test certificates and other supportive

documents to be furnished.

The Prices/Rates are inclusive of all taxes, levies, cesses and duties, particularly Goods and

Services Tax as applicable. All government levy / taxes shall be paid only when the invoice

is submitted according to the relevant act.

The prices/rates shall remain firm till actual completion of entire supply of

goods/material/equipment as per contract is achieved and shall remain valid till the

completion of the contract.

The prices shall remain unchanged irrespective of TPNODL making changes in quantum in

all or any of the schedules of items of contract.

5.2 For Service part of Contract

The Prices and Rates are inclusive of cost of materials supplied as per contract terms and

for which MDCC is issued by TPNODL and to the extent required for completion of works,

cost of service executed as per schedule of quantities, cost of testing as per contract terms,

cost of documentations including all relevant test certificates and other supportive

documents to be furnished as per contract terms. The rates shall remain firm till actual

completion of contract.

The Prices/Rates are inclusive of all taxes, levies, cesses and duties, particularly Goods and

Services Tax as applicable. All government levy / taxes shall be paid only when the invoice

is submitted according to the relevant act.

The prices shall remain unchanged irrespective of TPNODL making changes in quantum in

all or any of the schedules of items of contract.

5.3 Changes in Statutory Tax Structure

If rate of any or all of the statutory taxes and duties applicable to the contract changes, such

changes shall be incorporated by default if the changes occur within the contract execution

time and shall be applicable if the contract is executed by the Associate within the Contract

Execution Time.

For execution of contracts beyond contract execution time, where the delay is not

attributable to TPNODL no upward revision in tax /duties shall be considered irrespective of

changes in the statutory tax structure either within the contract execution time or beyond.

However, in such cases, benefits due to any downward revisions in statutory tax rates shall

be passed on to TPNODL.

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6.0 TERMS OF PAYMENT

A. 5% of the Release Order/ Purchase Order price shall be paid as initial interest free

advance on fulfillment of the following by the Associate:

a) Acceptance of PO/ LOI.

b) Submission of advance payment BG (APBG) of 15% of the Release Order/

Purchase Order price which shall remain valid till the advance is fully

adjusted.

c) Submission of Contract Performance Bank Guarantee (CPBG) of 5/10% of

the RC/ PO price valid till 30 days after taking over of the works.

B. 10% of the Release Order/ Purchase Order price shall be paid as interest free

advance against approval of drawings under Category-1 of major drawings, Quality

Plans, Pert Chart, Field Quality Plan, posting of Project Manager

and commencement of the first mile stone of the work mutually agreed including C-3

Form, and submission of a true copy of ‘Erection All Risk Insurance Policy’ taken for

the awarded jobs. The drawing list shall be mutually agreed at the time of award of

work.

C. 50% on account payment of the total of item wise cost of material Release Order/

Purchase Order shall be paid against receipt of material at site in good condition and

certification by TPNODL along with bills complete in all respects viz. MDCCs etc.

D. 20% on account payment of the actual executed value shall be paid against

mechanical completion of erection on prorate basis against monthly bills and 70% on

account of the actual executed value shall be paid against the service line item

including composite line item. In case this milestone is not completed beyond 120

days for reasons attributable to TPNODL, the payment corresponding to supply part

shall be released subject to submission of BG of equivalent amount by the BA valid

for a period of further 12 months. If required, it shall be extended by the BA on

request of TPNODL.

E. 15% payment of the actual executed Release Order/ Purchase Order shall be paid

after completion of acceptance test and Taking Over of the complete systems

specified in the enquiry, including clearance of Electrical Inspection, compliance of

final punch point and after reconciliation & adjustment of payments, if any, towards

Quantities of materials issued from purchaser’s stock and consumed by the

contractor for expeditious completion of the job. In case this milestone is not

completed beyond 120 days beyond schedule for reasons attributable to TPNODL,

the payment corresponding to supply part shall be released subject to submission of

BG of equivalent amount by the BA valid for a period of further 12 months. If

required, it shall be extended by the BA on request of TPNODL.

The Contractor shall submit all Operation & Maintenance manuals and “As Built

Drawings” etc. and shall also submit Equipment Warranty Bank Guarantee (EWBG)

equivalent to 5/10% of actual executed contract price before the release of this last

payment and return of CPBG. The validity of EWBG shall be for a period of 15

months from the date of taking over of the works or specified guarantee period in

drawing/tender/technical specification documents etc. whichever is later. The

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associate shall also submit ‘No Demand Certificate’ at the time of receipt of full and

final payment.

6.1 Pre-Requisites for Payment

Associate should have completed execution of that part of contract, for which payment is

sought, to the satisfaction of TPNODL’s Engineer-in-Charge responsible for the contract

and obtained certification for execution of the work.

Associate has undertaken joint measurement of the work executed along with TPNODL’s

Engineer-in-charge

Associate’s bills/invoices submitted have been certified by Engineer-In-Charge.

6.2 Bills & Invoices

Unless specified otherwise in the special conditions of contract, Associate shall raise not

more than one invoice/contract per month for the services rendered in the prescribed Tax

Format and the invoice shall be submitted within 15 days of the following month at TPNODL.

All Bills shall be supported by joint measurement of work done, quality test report and a copy

of wage sheet, if applicable (showing proof of having disbursed wages as per applicable

law), e-Way challan (if applicable) and a copy of statement substantiating that statutory

payments having been affected.

Bills/ invoices shall mention Associate’s GST Number, PAN number as applicable.

Final bill submission after completion of project or execution of job must be within 30 days

from the actual date of completion/execution of work awarded.

6.3 Payment & Statutory Deductions

Payment shall be released within 30 days from the submission of the bills. The associate

shall submit “No Demand Certificate” in the format as per Annexure-D at the time of receipt

of full and final payment. In case any non-compliance to contract conditions comes to

TPNODL’s notice, TPNODL will be entitled to deduct 30% of estimated wages plus 20% of

wages as TPNODL’s overheads. Associates would be obliged to provide the copy of monthly

wage sheet in any case, failing which no payment shall be made. TPNODL at their sole

discretion may deposit the PF etc. with statutory authorities. TPNODL will deduct the

amounts of TDS as per statutory requirement under the income tax act and the DVAT Act

and certificates (wherever applicable) will be issued to associate accordingly.

In case of non-submission of PAN No TDS @ 20% shall be deducted from all payable

amounts for which no TDS certificate shall be issued. TDS once deducted as above shall not

be revised in any condition.

6.3.1 Statutory Deductions

TPNODL will deduct the amounts of TDS, TCS as per statutory requirement under the

income tax act, the Goods and Services tax act, BOCW Act, or any other applicable tax act

and certificates (wherever applicable) will be issued to associate accordingly. For

consumption of TPNODL’s Water and Electricity by Associate for execution of Contract,

Associate shall pay 0.5% & 1.0% respectively of contract value and it shall be deducted from

the running bills. The Engineer-in-Charge as stated in the Order shall be responsible for

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certification of the work executed and the bills. Bills (including original) shall be submitted in

triplicate at Finance office, Balasore.

6.4 Guidelines for Raising Running/Final Bills

Contract Value Up to 5 Lakhs One Final Bill

Contract Value More than 5 lakhs Monthly Running Bill & One Final Bill

All Bills shall be processed only when all bank Guarantees are in place and before payments

of Final Bill Associate have to furnish NDC.

6.5 Quantity Variation

Payment will be made on the basis of actual quantity of supplies/actual measurement of

works accepted by TPNODL and not on the basis of contract quantity.

6.6 Full and Final Payment

Full & Final Payment in all contracts shall be made subject to the associate submitting “No

Demand Certificate” in the format as per Annexure-D.

6.7 Erection All –Risk Insurance Policy

Associate shall obtain an Erection All Risk (EAR) Policy as a comprehensive insurance

solution designed to cover broad spectrum of risks to which a project is exposed to - from

arrival of construction material at site till the completion of project, including but not limited to

the following, the copy of Insurance Policy shall be submitted to E-I-C/ Finance department of

TPNODL before starting the work.

a. Earthquake

b. Terrorism

c. Escalation Cost (10% of sum insured on annual basis)

d. Extended Maintenance cover for defect liability period-24 months

e. Design Defect

f. 50-50 Clause

g. 72 Hours Clause

h. Loss minimization clause

i. Offsite storage/ fabrication

j. TPL (INR 50 lac per occurrence)

k. Theft, pilferage

l. Cross liability

m. Malicious damage

n. Contractor’s plant & equipment (value 25 lakh)

o. Waiver of Subrogation clause

p. STFI- Storm, Tempest, Flood, Fire and Inundation

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EAR policy is mandatory document for processing the invoices. Business Associate needs to

ensure that the All- Risk Insurance Policy is obtained as per the terms of contract, failing

which:

Penalty @1% of contract value would be charged.

In case of expiry of policy before handing over the project, TPNODL Engineer-In-

Charge shall reserve the right to deduct the penalty upto a maximum of 1% of

contract value.

7.0 MODE OF PAYMENT

Payment shall be made through RTGS/ NEFT/ Online Net banking mode for which Business

Associated shall submit the details of Bank Account and other details as per annexure J.

Further, for any payments made, TPNODL is not responsible for any consequences/disputes

Associate have among the owners channel partners, sub-Associates and all such

dispute/concerns shall be settled solely by the Associate.

The quantities of items indicated are estimated and preliminary. However, payments shall be

made on the basis of actual quantity of work carried out and measured jointly by the

Company and the Associate. Associates shall be responsible to organize joint

measurements of works with TPNODL Engineer-in-Charge before raising any bill of work

done. In the event Associate fails to do so, TPNODL at their sole discretion, may take

measurements of work done and proceed as deemed fit and in such an event Associate’s

right to lodge any subsequent claim shall stand forfeited.

8.0 SECURITY CUM PERFORMANCE DEPOSIT

Associates shall submit within 15 days from the effective date of issue of PO/RC, Security

cum Performance Guarantee (SPBG) in the format as per Annexure B of this document from

banks acceptable to TPNODL for:

(a) 5% of the PO value if purchase order value is more than Rs 5 Crores.

(b) 10% of the PO value if purchase order value is less than Rs 5 Crores.

This shall remain valid till the end of the Guarantee Period of contract, plus one month.

(c) 5% of the RC value in case of Rate Contract. This shall remain valid till the Guarantee

period plus one month.

For PO/RC values less than Rs. 5 lacs, Associate may request for deduction of amount

equivalent to SPBG value from their first invoice. Such amount shall be withheld by

TPNODL while processing the invoice and shall be released after completion of

Guarantee Period plus one month.

For PO/RC values less than Rs. 3 lacs, the clause (8.0) for Security cum Performance

Bank Guarantee (SPBG) shall not be applicable.

In case of RC (Rate Contract) after the expiry of RC validity, Associate shall have to

submit SPBG. However, the Associate has the option to re-submit the SPBG as per

actual RO (Release Order) value issued against the RC, valid for Guarantee Period plus

one month. The Guarantee Period shall be considered as per the last RO issued against

the said RC. The original SPBG as submitted against the RC shall be released on

submission of the new SPBG to TPNODL. Alternatively, Associate may extend the

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validity of original SPBG only till the requisite period, i.e. Guarantee Period plus one

month.

9.0 STATUTORY COMPLIANCE

9.1 Compliance to Various Acts

Associate should ensure adherence to the Anti-Lobbying, Debarment, Drug-Free, Child

Labour, Factories Act and Shop and Establishment Workplace Certification, Registration

details under GST, Sales Tax and Works Contract Tax Act.

Associate shall bear the entire responsibility, liability and risk relating to coverage of its

workforce under different statutory regulations including Workman's Compensation Act, ESI

Act, Factories Act, 1948, the Contract Labour (Regulation and abolition) Act 1970, and any

other relevant regulations as the case may be. Associate shall also be solely responsible for

the payment of all benefits such as Provident Fund, ESI, Bonus, Leave compensation and

other benefits as may be applicable under applicable labour laws, etc. as per the various

statutory regulations. The Associate shall compulsorily bear the cost of medical treatment

and payment of monetary compensation to the families of the victims in case of injury or

death, while on duty during his/her engagement with the Associate and shall keep TPNODL

indemnified in this regard against any such claim and provide documentary evidences of the

same to TPNODL. TPNODL shall be entitled to, if necessary, make such payment and

recover the amount from Associate.

Associate should ensure adherence to all applicable laws, rules and regulation applicable

under this contract from time to time. In case of violation any risk, costs etc. shall be in

associates account and keep TPNODL indemnified always till completion of contracts.

9.2 SA 8000

Further being TPNODL is SA 8000 complied and expects its Associates to follow guidelines

of SA8000: 2014 on the following aspects

1. Child Labour

2. Forced or Compulsory Labour

3. Health & Safety

4. Freedom of Association & Right to Collective Bargaining

5. Discrimination

6. Disciplinary Practices

7. Working Hours

8. Remuneration

9. Management System

Business Associate is expected to ensure adherence to all statutory laws and requirements

as applicable. The Associate needs to obtain Form C-3 before commencement of work and

No Objection Certificate (NOC) on completion of work from BA-Relations Cell/ HR.

In case any non-compliance is observed, TPNODL shall reserve the right to penalize the bidder as per direction of E-I-C. The penalty shall be 1% of total all-inclusive contract value for such cases. Also, TPNODL reserves the right to reject such bidder in future tenders.

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9.3 Affirmative Action

TPNODL appreciate and welcome the engagement/employment of persons from SC/ST

community or any other deprived section of society by their business associates.

Relaxation in Contract Clauses under Affirmative Action for SC/ ST Business

Associates**

TPNODL believes that inclusive growth is the key to sustainable development, and to

promote the same Policy on Affirmative Action for Scheduled Caste & Scheduled Tribe

Communities has been adopted across the company.

Under the same pre-text, and to promote entrepreneurship among SC/ST community

TPNODL has taken initiative by proposing relaxations in contract clauses as per below:

S. No.

Initiative for SC/ ST BA’s Guideline Document

1 Tender Fees 100% waiver for SC/ST community All Open Tenders

2 Earnest Money Deposit

50 % relaxation of estimated EMD value

All limited and Open Tenders

3 Performance Bank Guarantee

25% relaxation in PBG for order value above 50 lacs else 50% relaxation

All limited and Open tenders

4 Turnover 25% relaxation in company turnover under qualifying requirement criteria

All Open Tenders

**Classification of BA s under SC/ST shall be governed under following guidelines:

Proprietorship/ Single Ownership Firm: Proprietor of the firm should be from SC/ST

community. Governing document shall be duly audited balance Sheet for the last FY

bearing the name of proprietor.

Partnership Firm: Only such firms shall qualify which have SC/ST partners holding equal

to or more than 50% of the total ownership pattern of the firm. Governing document shall

be Partnership Deed and audited balance sheet/ ITR for last FY.

Private limited company: Only such firms shall qualify which have SC/ST directors

holding equal to or more than 50% of the total ownership pattern of the firm. Governing

document shall be Memorandum of Understanding (MoU) and/or Article of Association

(AoA).

## Certification from SC/ST commission shall be required for deciding upon SC/ST status of

a person.

9.4 Compliance to Labor Laws

Bidder needs to ensure compliance to applicable labor laws including timely disbursement of

wages. In case wages are not disbursed as per the stipulated timelines, then TPNODL shall

pay the wages to BA employees on behalf of BA. Apart from deducting the amount of wages

paid, TPNODL shall deduct an additional service charge equivalent to 25% of the wages

paid from the payment due to BA.

9.5 Compliance to Construction and Demolition Waste Management Rules &

Environment (Protection) Amendment Rules

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BA is liable to follow the Construction and Demolition Waste Management Rules- 2016,

Environment (Protection) Amendment Rules- 2018 and Guidelines on dust mitigation

measures in handling construction material and C&D wastes issued by CPCB.

Following are some main points of above Rules/Guidelines for Construction work, cable

laying jobs etc.

1. Barricading to be provided at site to cover complete area. 2. Construction material and waste should be inside the closed area made by using

barricading. 3. Water sprinkling/fine spray from nozzles to be done to suppress the dust. 4. The board of Dust mitigation measures shall be displayed at site for public viewing

with required details. 5. Loose sand or soil and construction material that causes dust shall be covered. 6. Transport material that are easily wind borne need to be covered by a sheet made of

either jute, tarpaulin, plastic or any other effective material. 7. All areas for storing C&D waste/construction material to be demarcated and

preferably barricaded particularly those materials that have potential to be dust borne.

8. Grinding and cutting of building materials in open area shall be prohibited. 9. Construction material and waste should be stored only within earmarked area and

road side storage of construction material and waste shall be prohibited. 10. No uncovered vehicles carrying construction material and waste shall be permitted. 11. Construction and demolition waste processing and disposal site shall be identified

and required dust mitigation measures to be notified at the site. 9.6 Special Terms & Conditions for BAs engaged under PLPBC or Service Contracts 1. The Business Associate will abide by the rules & regulations and various process

requirements of TPNODL which may get amended from time to time based on business needs.

2. The Business Associate shall ensure submission of required information to TPNODL as

required by TPNODL or any government authorities (with a copy to TPNODL), as and when required within the stipulated time frame.

3. The business associate shall, before start of work, obtain and submit to TPNODL a copy

of

PF Code allotment letter issued to him/them by the EPF organization.

ESIC Code allotment letter issued to him/them by the ESI authorities.

valid insurance documents under Employees’ Compensation Act, for its employees not eligible for coverage under ESIC

4. The Business Associate shall, in case of his/engagement in any construction activities falling under the purview of the Building and Other Construction Workers (BOCW) Act, apply for registration under the said BOCW Act before start of work and obtain the said registration within a month of starting such work. Business Associate shall also ensure compliance to all other applicable provisions including payment of applicable cess under the Act.

5. The Business Associate shall comply with all applicable provisions under Inter State

Migrant Workmen (ISMW) Act.

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6. The Business Associate shall ensure its employees enter and work at respective place of

work or premises of TPNODL in fulfilment of contractual obligations of the Business Associate, only with due authorization and valid IDENTITY. Issue of such authorization cum identity passes to its workers would be facilitated by the Business Associate, by submitting relevant information, documents, authorizations and complying to TPNODL’s processes including safety training and medical checkup procedures as laid down from time to time for issue of authorization cum identity-passes. Business Associate shall not engage any of its workers for work without a valid authorization cum identity pass or with a VISITOR GATE PASS. Violation of the above may lead to termination of the contract.

7. The Business Associate shall comply with the following under various statutes, statutory

requirement or any other requirement as may be applicable from time to time :

i) Submit an application for obtaining Form-V, required for applying for Labour License. ii) Submit a copy of valid Labour License with reference to the work order, without

which authorization cum identity passes would not be issued to the employees of respective Business Associate.

iii) Temporary authorization cum identity passes are issued only for seven days, hence the Business Associate will be required to arrange for issuance of permanent authorization cum identity passes within said timeline, by submitting required documents/information. With special permission from user and HR/IR department the validity of temporary authorization cum identity passes can be extended upto 15 days. Under no circumstances shall temporary authorization cum identity passes be issued for more than 15 days.

iv) Business Associate is required to complete the process of Medical fitness certificate and police verification certificate within these seven days, unless exempted by the TPNODL management. Any delay due to reasons beyond control of the vendor, needs to be approved by TPNODL HR/IR department.

v) Business Associate shall apply for Authorisation cum Photo identity pass as per Company’s security procedure.

vi) In case of renewal of authorization cum identity passes, the application should be initiated at least seven days in advance.

vii) Business Associate shall submit the Register of Workmen in Form-XIII, duly filled in all respects, within 15 days of starting the job.

viii) Business Associate shall provide employment card (Form-XIV) to all his/their workers.

ix) Business Associate shall disburse wages to its employees by 7th of the subsequent month under intimation to TPNODL, through bank transfer with submission of a copy of bank statement to TPNODL. TPNODL expects its associate vendors/ Business Associates to facilitate opening of bank account by all its employees and pay wages through bank transfers.

x) Wage notification should be given by the Business Associate at least one week ahead. A copy of the same to be forwarded to TPNODL for information necessary confirmation of payments.

xi) Wages Slip (Form-XIX) to be provided by the Business Associate to all its workers before disbursement of wages.

xii) PF contribution to be deposited on or before 15th of the subsequent month and proof thereof need to be submitted to TPNODL by 25th of the month.

xiii) Business Associate to facilitate transfer of PF/EPS accumulations in respect of its employees from their previous employer, if any.

xiv) ESI contribution to be deposited on or before 21st of the subsequent month and proof thereof need to be submitted to TPNODL by 25th of the month.

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xv) Muster roll, Wage Register, Combined Challan & ECR of PF deposition and Challan / Contribution history of ESIC to be submitted to TPNODL HR/IR Department on or before 25th of the subsequent month.

xvi) Business Associate shall be required to arrange for applicable welfare measures under applicable statutes for its employees in consultation with TPNODL order manager.

xvii) Business Associate has to submit all the relevant returns under all applicable enactments on or within the scheduled date and a copy of the same need to be submitted to TPNODL HR/IR department within seven days of the scheduled date of submission.

8. Business Associate shall not be allowed to work for TPNODL without possessing a

* Valid PO *Valid Labour License * Valid AUthorisation cum Identity Pass 9. NO BILLS OF THE VENDOR/BUSINESS ASSOCIATE SHALL BE RELEASED IN CASE

OF FAILURE TO COMPLY WITH THE ABOVE PROVISIONS. 10. Above requirement not being exhaustive, vendors/ Business Associate will be liable to

comply with the provisions of any other enactment as notified or would be applicable to them from time to time.

11. An additional overhead charge of 25% of the wage bill value will be charged to the

Business Associate in case the BA fails to pay the wages of its workers in time and TPNODL as principle employers is compelled to make the payment on their behalf. The total amount, including the overhead charge, will be recovered from the subsequent bill payable to the Business Associate.

12. Continuous default in wage payment to its employees within stipulated date as

mentioned above, for three months, will lead to termination of the contract and may also lead to blacklisting of the Business Associate/ cancel vendors’ registration.

13. After completion of work and before or at the time of submission of final bills, the

Business Associate must ensure the following and submit proof thereof to TPNODL enabling TPNODL release its final bills. In absence of the same no such bills would be released by TPNODL :

a. All wage payments are made to its workers till the last day of their work in TPNODL b. Compensation towards Leave with wages are disbursed to its employees till the last

day of their work. c. Statutory bonus is paid to its employees for the period of their work. d. Retrenchment compensation, where applicable, is paid to its employees as per

eligibility. e. Notice is given to the workers regarding retrenchment and in absence; notice pay is

given to the workers as per the enactment, where applicable. f. Along with final payments, full & final statement is issued to all its employees

engaged by them for their work in TPNODL g. No dues certificate is obtained from all its employees and copy submitted to TPNODL h. Ensure withdrawal or transfer formalities in respect of PF/EPS accumulation of all its

employees and submit proof thereof to TPNODL HR/IR dept. i. Submit Form VI-A to TPNODL and surrender Labour License, wherever issued, to

concerned labour department in case the license is no more required for work in TPNODL, and obtain clearance thereof from the Licensing Authority for submission to TPNODL.

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j. Ensure intimation to PF & ESI authorities regarding completion of work and closure of contract with TPNODL. Proof of such intimation need to be submitted to TPNODL.

k. Indemnify TPNODL from any future liability on account of statutory compliance or failure on part of the vendor/Business Associate for their work in TPNODL in respect of their employees or employees of their sub vendors/Business Associates, by submitting an Indemnity Bond on Rs.100/- non judicial stamp paper executed by its Director/Proprietor, authorized for the purpose, and duly notarized.

l. Return back the Authorization cum Photo Identity passes to Administration representative or HR/IR department and submit proof thereof to TPNODL HR/IR team.

14. Penalty of up to Rs.1,00,000/- per month will be applicable to Business Associates

defaulting on compliances as mentioned below, at the sole discretion of TPNODL management.

a. Any complaint received from the workmen of the Business

Associate of non-payment / less payment or payment after the due date i.e. the stipulated date for such payment as per law, will attract penalty

b. Non submission of any or all of the documents listed below (as applicable), in proof of all required statutory compliance (other than wage/payment register), within stipulated time for which it is due, will attracted penalty.

List of documents:

1. Copy of valid Labour License. 2. Registers & records under applicable enactments. 3. PF Challan & ECR File. 4. ESI Challan & Contribution History. 5. Undertaking regarding non engagement of migrant workmen at TPNODL Site. 6. Details of wage payment through Bank. 7. Compliance w.r.t. BOCW Act (if applicable) 8. Submission of Applicable returns.

Our Business Associates are our business partners who we expect to be law abiding and complying to all statutory requirements, thereby not necessitating us to invoke the penalty clause mentioned in this GCC

15. The Business Associate will be required to take an appropriate insurance coverage for

all its employees engaged by them in TPNODL against any accidental death anywhere in India, for a sum insured value of Rs.15 Lacs. In absence of having such coverage and in an unfortunate event of any accidental death of any of its workers, the BA will be required to pay such amount of Rs.15 Lacs to the victim’s family/ legal heirs. This will be payable by the BA over & above the compensation, if any, payable under the Employees’ State Insurance Act for covered employees or compensation payable by BA under the Employees’ Compensation Act.

The Business Associate will also be required to take an appropriate insurance coverage for all its employees engaged by them in TPNODL against any death due to Covid-19 irrespective of place, type & days of treatment anywhere in India, for a sum insured value of Rs.10 Lacs. In absence of having such coverage and in an unfortunate event of any death of any of its workers due to Covid-19, the BA will be required to pay such amount of Rs.10

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Lacs to the victim’s family/ legal heirs. The BA is free to have this coverage for their employees against Covid-19 death through a mutually agreed contributory scheme and may recover up to 50% of the average premium payable per insured, from its employees.

9.6 MSME Development ACT 2006

Provisions for Firms falling in The Micro, Small and Medium Enterprise Development Act

2006:-

Business Associate is requested to inform the TPNODL if they fall under provisions

of The Micro, Small and Medium Enterprises Development Act, 2006 legislation, and

provide necessary documents to TPNODL. The Associate also needs to mention the

relevant details on their invoice/ bill.

Business Associate shall submit the self-undertaking of registration in MSME

category at the time of bidding as well as on an annual basis to TPNODL, enabling

them to avail the consequent benefits, failing which TPNODL may take appropriate

action against such defaults.

Business Associates falling in MSME category shall submit the Tender Fee when

participating in TPNODL tenders. However, they are eligible to submit concessional

EMD at 50% of the EMD otherwise applicable.

9.6 ISO 14001

The vendor to confirm whether their organization is ISO 14001 certified. If not, the Vendor

must certify that the handling, use and disposal of their product/ by-products conform to

practices consistent with sound environment management and local statues. The Vendor

shall ensure that all the wastes are disposal in environmental friendly way with strict

compliance to applicable laws including adherence to MoEF guidelines with respect to the

disposal of batteries, lead waste, copper cables, ash, waste oil, e-waste etc. which shall be

disposed through MoEF approved parties only. The vendor shall also dispose off the e-

waste generated at the end of the product life cycle at its own costs and risk as per the

MoEF guidelines/ Orders

10.0 QUALITY

10.1 Knowledge of Requirements

The Associate shall be deemed to have carefully examined and to have knowledge of the

equipment, the general and other conditions, specifications, schedules, drawings, etc.

forming part of the Contract and also to have satisfied himself as to the nature and character

of the work to be executed and the type of the equipment and duties required including

wherever necessary of the site conditions and relevant matters and details. Any information

thus procured or otherwise obtained from TPNODL/Consultants shall not in any way relieve

the Associate from his responsibility and executing the works in accordance with the terms

of contract.

10.2 Material/Equipment/Works Quality

The items / works under the scope of the Associate shall be of the best quality and

workmanship according to the latest engineering practice and shall be manufactured from

materials of best quality considering strength and durability for their best performance and, in

any case, in accordance with the specifications set forth in this Contract. All material shall be

new. Substitution of specified material or variation from the process of

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fabrication/construction/manufacture may be permitted but only with the prior written

approval of the TPNODL.

10.3 Adherence to Rules & Regulations

The Associate shall procure and/or fabricate/erect all materials and equipment in

accordance with all requirements of Central and State enactment, rules and regulations

governing such work in India and at site. This shall not be construed as relieving the

Associate from complying with any requirement of TPNODL as enumerated in the Contract

which may be more rigid than and not contrary to the above mentioned rules, nor providing

such construction as may be required by the above mentioned rules and regulations. In

case of variance of the Technical Specification from the laws, ordinance, rules and

regulations governing the work, the Associate shall immediately notify the same to the

TPNODL. It is the sole responsibility of the Associate, however, to determine that such

variance exists. Wherever required by rules and regulations, the Associate shall also obtain

the statutory authorities' approval for the plant, machinery and equipment to be supplied by

the Associate.

10.4 Specifications and Standards

The Associate shall follow all codes and standards referred in the Contract Document.

Codes and standards of other may be followed by the Associate with the prior written

approval of TPNODL, provided materials, supplies and equipment according to the standard

are equal to or better than the corresponding standards specified in the Contract.

Brand names mentioned in the Contract documents are for the purpose of establishing the

type and quality of products to be used. The Associate shall not change the brand name

and qualities of the bought out items without the prior written approval of the TPNODL. All

such products and equipment shall be used or installed in strict accordance with original

manufacturer's recommendations, unless otherwise directed by the TPNODL. In any

circumstances the codes, specimen and standards prescribed by any government agency

should not be violated.

11.0 SAFETY

All Associates shall strictly abide by the guidelines provided in TPNODL’s Contractor Safety

Management System (CSMS) as applicable at all stages during the contract period.

Associate shall execute the contracts ensuring the following in and as order of priority:

Safety of Human Beings.

Safety of equipment/Assets.

Timely Completion of Contract.

Safety related requirements as mentioned in our Contractor Safety Management System is

attached as annexure K and is an integral part of this GCC.

12.0 INSPECTION/PARTICIPATION

12.1 Right to Carry Out Inspection

TPNODL reserves the right to send its representatives for inspection or participation at

various stages of contract execution listed below, applicable as per contract construction.

During basic design and detail engineering of material/ Equipment carried out by

Associate /Outsourced Agencies.

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During manufacturing stages of the product at Associate’s/Associate’s Outsourced

Agency’s Plant/Facility.

During Pre-dispatch Inspection and Testing of finished/manufactured product at

Associate’s/Associate’s outsourced Agency’s Plant/Facility.

During Installation & Commissioning Activities/Stages.

Prior to Clearing of the completed installation for commissioning.

Any other stage as find appropriate by TPNODL during contract execution time.

All inspections and participations shall be carried out within maximum of two weeks of

TPNODL giving written intimation to the Associate or receiving appropriate advance written

inspection call from the Associate, unless otherwise specified elsewhere in the contract

document.

MDCC request shall be submitted by BA to TPNODL at least 7 days before inspection date.

12.2 Facilitating Inspection

The Associate shall provide all opportunities and information to TPNODL’s engineers to get

acquainted with the technical know-how and the methods and practices adopted by the

Associate in basic and detail engineering. The Associate shall provide documents, drawings,

calculations etc. as may be required by TPNODL’s Engineers.

The Associate shall provide free of charge office accommodation, office facilities, secretarial

services, communication facilities, general and drawing office stationary, etc. as may be

reasonably required by the TPNODL’s engineers. Similarly, facilities shall also be provided

by Associate's outsource agencies/partners/authorized dealers (collectively termed as sub-

associates) if such basic and detail engineering activities are carried out in the design offices

of sub-Associates.

The Associate shall be responsible for the safety of employees of TPNODL/Third Party

Agency when they are at the Associate’s /Associate’s outsource agency’s plant or facility for

carrying out/witnessing inspection/testing. All statutory safety precautions as applicable shall

be followed by the Associate during Inspection Testing. If TPNODL inspectors are not

satisfied with the safety arrangements at the plant, TPNODL have the right to call off

inspection till such time corrective action is taken by the Associate.

Before raising the call for pre-dispatch final inspection and testing, the Associate shall

conduct all the tests—type tests, routine tests etc-as specified in the contract document and

submit copies of the test certificates to TPNODL along with the inspection call, for scrutiny of

TPNODL.

The Associate and TPNODL shall jointly document all the observations, comments and

action points after completion of inspection and it shall be binding on the Associate to

provide compliance on all the points requiring compliance and furnish the compliance report

to the designated authority of TPNODL for receiving clearance for dispatch of materials.

12.3 Third Party Nomination

TPNODL also may nominate a third party for the purpose of carrying out the inspection and

such an agency shall be entitled to all the rights and privileges of TPNODL as far as

conducting the inspection.

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12.4 Waiver of Inspections

TPNODL on its own discretion shall chose to waive off any inspection and ask the Associate

to submit all the test reports as applicable as per contract specifications, related to

inspection and testing of the goods ordered for scrutiny and clearance for dispatch.

12.5 Incorrect Inspection Call

In case it is observed that the material offered for inspection is not ready at the time of TPNODL inspection visit rendering it as futile, all costs towards such inspection shall be recovered from the BA. Taxes as applicable on such recoveries shall be borne by the BA.

13.0 MDCC & DELIVERY OF MATERIALS

13.1 Material Dispatch Clearance Certificate

Associate shall deliver material/goods/equipment against Supply Contracts or Supply Part of

Composite/Service Contracts only after receiving Material Dispatch Clearance Certificate

(hereafter termed as MDCC) issued by designated authority of TPNODL. Material delivered

at TPNODL stores or at project site without a valid MDCC issued by the designated official of

TPNODL shall be rejected. MDCC shall be issued to associate furnishing compliance report

on the action points documented during pre-dispatch inspection and testing at Associate’s/

Sub-Associate’s plant/ facility. In case Pre-dispatch inspection is waived at the discretion of

TPNODL, then, MDCC shall be issued on receiving all the test reports-routine& type-from

the Associate and finding them in order.

The associate shall include and provide for securely protecting and packing the materials so

as to avoid loss or damage during handling and transport by air, sea, rail and road or any

other means.

All such packing shall allow to the extent possible for easy removal and checking at Site.

The associate shall take special precautions to prevent rusting of steel and iron parts during

transit by sea. Gas seals or other materials shall be utilised by the associate for protection

against moisture during transit of all Plant and Equipment.

Each Equipment or parts of Equipment shall be tagged with reference to the assembly

drawings and corresponding part numbers. Each bale or package shall contain a packing

note quoting specifically the name of the associate, item description, quantity, item / package

identification.

All packing cases, containers, packing and other similar materials shall be new and supplied

free by the associate and it shall not be required to be returned to the associate.

Notwithstanding anything stated in this clause, the associate shall be entirely responsible for

loss, damage or depreciation or deterioration to the materials and supplies due to faulty

and/or insecure packing or otherwise during transportation to the Site until otherwise

provided herein.

In case of the consignments dispatched by road, the associate shall ensure that it or its sub-

contractors:

i) Identify and obtain the correct type of trucks/trailers, keeping in view the nature of

consignments to be dispatched.

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ii) Take such actions as may be necessary to avoid all possible chances of damages during

transit and to ensure that all packages are firmly secured.

Timelines for inspection and MDCC is as below:

S. No.

Inspection MDCC issuance time including

inspection time (max.)

1 Outside Odisha 12 days

2 Within Odisha 5 days

3 Waiver* 3 working days

* Associate is expected to raise the inspection call assuming that Inspection shall be carried

out by TPNODL. The decision for waiver of inspection shall be on sole discretion of

TPNODL.

13.2 Right to Rejection on Receipt

Goods/Material/Equipment delivered in condition physically damaged & incomplete as a

product ordered, or not packed and transported as per the terms and conditions of the

contract is liable to be rejected. Such item shall be lifted back by Associates within 15 days

from receipt of rejection note from TPNODL and have to supply back the material within next

30 days or within the timeframe mutually decided by Associate and TPNODL.

If delivery of the material is beyond the agreed time, Liquidated damage clause, mentioned

in this GCC separately shall be applicable; but the period for levy of LD shall be considered

as per the original delivery schedule and not from the agreed timelines for material

rectification.

13.3 Consignee

Unless otherwise specified in the Contract Document, Materials/Goods/Equipment shall be

consigned to “Stores-In-Charge”, TPNODL.

13.4 Submission of mandatory documents on Delivery

Following documents shall be mandatorily submitted by BA along with supply of material to

TPNODL stores/site:

S. No. Documents Requisite

1 Invoice copy in original With all consignments

2 LR copy Wherever required

3 Packing list With all consignments

4 MDCC With all consignments

5 Purchase order / Release order Signed copy

6 Test certificates With all consignments

7 Inspection/JVR report In case pre-dispatch inspection is conducted

8 Device data in CD as per template for metering items

Wherever applicable

13.5 Dispatch and Delivery Instructions

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S. No. Instructions

1 Purchase order/ Release order no. shall be mentioned on invoice and on material

2 TPNODL material code and material description shall be mentioned in invoice and on material.

3 “Property of TPNODL” shall be embossed on material.

4 The material shall be properly sealed and packed in standard packing as per purchase order terms & conditions.

5 The weight and quantity of material shall be mentioned wherever applicable

6 The material supplied shall be co-related with the packing list.

7

The name plate detail on equipment shall include Material code, Material description, specification detail of material [as applicable], Serial No. Year of manufacturing, PO/RO no. and date, “PROPERTY OF TPNODL, Odisha”, Guarantee period and Associate’s name.

8

In case of manual unloading, supplier / transporter shall deploy sufficient Labour for unloading the material at TPNODL central store. For heavy item(s), crane will be provided by TPNODL [unloading cost will be recovered from the associate].

9 The driver should have valid License and one helper in truck. All the documents of truck like registration papers, PUC etc should be available in Truck.

10 BA representative should accompany the material and get it unloaded / stacked in his presence wherever possible.

14.0 GUARANTEE

30.0 Guarantee of Performance

Associates shall stand guarantee that the equipment and material supplied/service or work

rendered under the contract is free from design, manufacturing, material, construction,

erection & installation and workmanship & quality defects and is capable of its due, rated

and intended quality performance, as an integrated product delivered under the contract. For

a specific period termed as Guarantee Period (as elaborated elsewhere in this clause) The

Associate should also guarantee that the equipment/material is new and unused except for

the usage required for the tests and checks required as part of quality assurance.

14.2 Guarantee Period

The Guarantee Period will be equipment/service/work specific and shall be as specified in

the Standard Specifications of TPNODL for the equipment/material/service/work and where

standard specifications are not part of contract documents or guarantee period is not

specified in the standard specifications,, the guarantee period shall be as per the Special

Terms and Conditions of the Contract. In case of no mention of the guarantee period in

standard specifications or SCC Guarantee Period will be 15 Months from the Date of

Commissioning or 24 months from the date of delivery of final lot of supplies made,

whichever is earlier.

14.3 Failure in Guarantee Period (GP)

If the equipment and material supplied/service or work rendered under the contract fails to

perform its due, rated & intended quality performance, during the Guarantee period, the

associate is liable to undertake repair/rectify/replace the equipment and material

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supplied/service or work rendered under the contract within time frame specified in the SCC

or elsewhere in the contract documents at associate’s cost to make the equipment and

material supplied/service or work rendered under the contract of performing its due, rated

and intended quality performance. If Associate fails to repair/rectify/replace the equipment or

material supplied/service or work rendered under the contract, failed in Guarantee Period,

TPNODL will be at liberty to get the same done at Associate’s risks and costs and recover all

such expenses plus the TPNODL’s own charges (@ 20% of expenses incurred), from the

Associate or from the “Security cum Performance Deposit” as the case may be.

If during the Warranty/ Guarantee period some parts of the supplies are replaced owing to

the defects/ damages under the Warranty, the Warranty period for such replaced parts shall

be until the expiry of twelve months from the date of such replacement or renewal or until the

end of original Guarantee period, whichever is later.

Any repairs during the Guarantee Period shall be carried out by the Associate within 30 days

of reporting the issue to Associate by TPNODL. However, if replacement of the Equipment is

required, Associate shall notify the same to TPNODL within 7 days of reporting the issue by

TPNODL. Thereafter, the total time for supply of new equipment/ material shall be equal to

the original delivery period of that equipment/ material as specified in the Contract. In case

the Associate is not able to rectify/ replace the faulty equipment/ material within the

stipulated timelines as mentioned above, penalty shall be levied as per the Liquidated

Damages clause mentioned in this document. The penalty amount shall be recovered from

the payment due to the vendor or by encashment of the SPBG as the case may be.

14.4 Cost of repairs on failure in GP

The cost of repairs/rectification /replacement, apart from the actual cost of

repairs/rectification/replacement is also inclusive of all associate costs of required

transportation, site inspection /mobilization/dismantling and re-installation costs as

applicable, to be borne by the Associate. The Associate has to ensure that the interruption in

the usage of intended purpose of the equipment is minimized to the maximum extent In lieu

of the time taken for repairs/rectification/replacement.

14.5 Guarantee period for Goods Outsourced

If the Associate outsources partly equipment/materials/services from third party as mutually

agreed upon at the pre award stage of contract, TPNODL shall have the benefit of any

additional guarantee period if provided by the third party for the part supplied/executed by

them.

14.6 Latent Defect

Hidden defects in manufacturing or design of the product supplied and which could not be

identified by the tests conducted but later manifested during operation of the equipment are

termed as latent defects. Associates shall further be responsible for ‘free replacement’ for

another period of THREE years from the end of the guarantee period for any ‘Latent Defects’

if noticed and reported by the Company.

14.7 Support beyond the Guarantee Period

The Associate shall ensure availability of spares and necessary support for a period of at

least 10 years post completion of guarantee period of equipment supplied against the

contract.

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15.0 LIQUIDATED DAMAGES

Liquidated damages @1% of the total executed contract value per week or part thereof, for

the period of delay in integrated completion, subject to maximum 10% of the value of the

contract shall become leviable without prejudice to other rights of the TPNODL. This amount

shall be recoverable from any amount due or becoming due to the Business Associates

under this or any other contract. In specific cases, TPNODL reserves the right to apply LD

only on the unexecuted portion of the supply and works for standalone use, provided full

quantity is executed within a maximum 30% additional time. Deduction of LD shall be on

landed cost i.e contract value inclusive of taxes and in pursuant statutory compliance GST

would be applicable at the stipulated rate and the same shall be borne by Business

Associate. In case of LD deduction, a GST invoice shall be issued by TPNODL as a proof of

deduction/ recovery.

31.0 LD Waiver Request

Any request of LD waiver shall be submitted within thirty (30) days of deducting LD. Request submitted beyond the timeline shall not be entertained.

15.2 Material Recovery

In case of any recoveries for materials or services (for material free issued by TPNODL and not reconciled by BA or for services claimed and paid in excess at the time of running bills), the total cost which shall be recovered from the BA, shall be the gross amount of material or services (i.e. including taxes) plus applicable taxes as prevailing at the time of such recoveries.

16.0 ASSIGNMENT OR SUBCONTRACTING

Associates shall not assign/subcontract/outsource the schedule of activities of contract

TPNODL enters with the associate, in part or full, without TPNODL’s prior written approval.

However outsourcing of materials/equipment/services by Associate to make the integrated

product for which TPNODL’s has placed the contract with the associate from suppliers,

makes and agencies which have been mutually agreed upon during contract pre-award

stage is permitted subject to following conditions.

In such cases where outsourcing is done by the Associate

Shall ensure that outsourced suppliers comply with the technical and financial

qualification requirements specified by TPNODL in the contract document

Shall furnish all particulars about the proposed outsourcing agencies and the details of

the goods/services/work outsourced to the Associate while seeking approval of TPNODL

for inclusion for outsourcing. The Associate shall give approval or shall refuse approval

in writing within thirty (30) days of receipt of such request. However the Associate shall

not be entitled for any additional contract execution time whatsoever in lieu of the

process for approval for outsourcing agencies, and shall be held responsible for any

delay in the project execution time.

Shall remain jointly and severally liable for any action, deficiency, and/or negligence on

the part of his outsourcing agencies. The approval extended by the Associate to

outsourcing agencies recommended by the Associate shall not discharge the later from

his Contract obligations.

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Shall submit to the Associate unpriced copies of purchase orders with technical

specifications included in the orders, placed on outsourcing agencies as soon as the

respective orders have been placed by the Associate.

17.0 UNLAWFUL ACTIVITIES

The Associate shall have to ensure that none of its employees are engaged in any unlawful

activities (whether covered under the scope of the present GCC or not) subversive of the

TPNODL’s interest failing which appropriate action (legal or otherwise) may be taken against

the Associate by the TPNODL, in accordance with the terms of the present GCC.

18.0 CONFIDENTIALITY

Associate and its employees or representatives thereof shall strictly maintain the

confidentiality of various information they come across while executing the contract as

detailed below.

32.0 Documents

All maps, plans, drawings, specifications, schemes and other documents or information

related to the Contract/Project and the subject matter contained therein and all other

information given to the Associate by the TPNODL in connection with the performance of the

contract shall be held confidential by the Associate and shall remain the property of the

TPNODL and shall not be used or disclosed to third parties by the Associate for any purpose

other than for which they have been supplied or prepared. The Associate may disclose to

third parties, upon execution of confidentiality agreements, such part of the drawings,

specifications or information if such disclosure is necessary for the performance of the Work

provided such third parties agree in writing to keep such information confidential to the same

extent and degree as provided herein, for the benefit of the TPNODL.

18.2 Geographical Data

Maps, layouts and photographs of the unit/plant including its surrounding regions showing

vital installation for national security of country or those of TPNODL shall not be published or

disclosed to the third parties or taken out of the country without prior written approval of the

TPNODL and upon execution of confidentiality agreements satisfactory to the TPNODL with

such third parties prior to disclosure.

18.3 Associate’s Processes

Title to secret processes if any developed by the Associate on an exclusive basis and

employed in the design of the equipment shall remain with the Associate. TPNODL shall

hold in confidence such processes and shall not disclose such processes to the third parties

without prior approval of the Associate and execution by such third parties of secrecy

agreements satisfactory to the Associate prior to disclosure. Upon completion of contract,

such processes shall become the property of the TPNODL. Title to technical specifications,

drawings, flow sheets, norms, calculations, diagrams, interpretations of test results,

schematics, layouts and such other information, which the Associate has supplied to the

TPNODL under the Contract shall be passed on to the TPNODL. The TPNODL shall have

the right to use these for construction, erection, start-up, Trial Run, operation, maintenance,

modifications and/or expansion of the works including for the manufacture of spare parts.

18.4 Exclusions

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The provision of Clauses 16.1 to 16.3 shall not apply to information:

Which at the time of disclosure are in the public domain which later on become part of

public domain through no fault of the party concerned, or

Which were in the possession of the party concerned prior to disclosure to him by the

other party, or

Which were received by the party concerned after the time of disclosure without

restriction on disclosure or use, from a third party who did not acquire such information

directly or indirectly from the other party or has no obligation of confidentiality for such

information.

18.5 Violation

In case of violation of this clause, the Associate is liable to pay compensation and damages

as may be determined by the competent authority of TPNODL.

19.0 INTELLECTUAL PROPERTY RIGHTS

If, in the course of performance of its functions and duties as envisaged by the scope of the

present GCC, the Associate acquires or develops, any unique knowledge or information

which would be covered, or, is likely to be covered within the definition of a trademark,

copyright, patent, business secret, geographical indication or any other form of intellectual

property right, it shall be obliged, under the terms of this present GCC, to share such

knowledge or information with the TPNODL. All rights, with respect to, or arising from such

intellectual property, as afore mentioned, shall solely vest in TPNODL.

Moreover, the Associate undertakes not to breach any intellectual property right vesting in a

third party/parties, whether by breach of statutory provision, passing off, or otherwise. In the

event of any such breach, the Associate shall be wholly liable to compensate, indemnify or

make good any loss suffered by such third party/parties, or any compensation/damages

arising from any legal proceeding/s, or otherwise. No liability of TPNODL shall arise in this

respect, and any costs, damages, expenses, compensation payable by TPNODL in this

regard to a third party/parties, arising from a legal proceeding/s or otherwise, shall be

recoverable from the Associate.

20.0 INDEMNITY

The Associate shall at all times indemnify, keep indemnified and hold harmless the TPNODL

and its officers, directors, employees, affiliates, agents, successors and assigns against all

actions, claims, demands, costs, charges and expenses arising from or incurred by reason

of any infringement of patent, trade mark, registered design, copy rights and/or industrial

property rights by manufacture, sale or use of the equipment supplied by the Associate

whether or not the TPNODL is held liable for by any court judgement. In this connection, the

TPNODL shall pass on all claims made against him to the Associate for settlement.

The Associate assumes responsibility for and shall indemnify and save harmless the

TPNODL from all liability, claims, costs, expenses, taxes and assessments including

penalties, punitive damages, attorney’s fees and court costs which are or may be required to

be paid by the TPNODL and its officers, directors, employees, affiliates, agents, successors

and assigns arising from any breach of the Associate’s obligations under the Contract or for

which the Associate has assumed responsibilities under the Contract including those

imposed under any local or national law or laws, or in respect to all salaries, wages or other

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compensation for all persons employed by the Associate or his Sub-Associates or suppliers

in connection with the performance of any work covered by the Contract. The Associate

shall execute, deliver and shall cause his Sub-Associate and suppliers to execute and

deliver, such other further instruments and to comply with all the requirements of such laws

and regulation as may be necessary there under to conform and effectuate the Contract and

to protect the TPNODL.

The TPNODL shall not be held responsible for any accident or damages incurred or claims

arising, due to the Associate’s error there from prior to completion of work. The Associate

shall be liable for such accidents and after completion of work for such accidents as the case

may be due to negligence on his part to carry out Work in accordance with Indian laws and

regulations and the specifications set forth herein.

21.0 LIABILITY & LIMITATIONS

21.1 Liability

Except for any specific liability which may be identified in the Contract and which may be

payable hereunder, Associate shall not be liable for any special, incidental, indirect, or

consequential Damages or any loss of business Contracts, revenues or other financial loss

(or equivalents thereof no matter how claimed, computed or characterized) arising out of or

in connection with the Performance of the Work or supply of Goods unless caused by

Associate’s negligence, willful misconduct or breach of contract.

TPNODL shall have no liability or any special, incidental, indirect or consequential Damages

for any loss of Business Contracts, revenues or other financial loss arising out of this

Contract.

21.2 Limitation of Liability

The total liability of Associate against any contract shall be limited to the Total All Inclusive

Contract Value.

22.0 FORCE MAJEURE

Force Majeure applies if the performance by either Party (“the Affected Party”) of its

obligations under Contract is materially and adversely affected.

“Force Majeure” shall mean any event or circumstance or combination of events or

circumstances referred below and their consequences that wholly or partly prevents or

unavoidably delays any Party in the performance of its obligations under this Agreement, but

only and to the extent that such events and circumstances are not within the reasonable

control, directly or indirectly, of the Affected Party and could not have been avoided even if

the Affected Party had taken reasonable care:

Act of war (whether declared or undeclared), invasion, armed conflict or act of foreign

enemy, embargo, blockade, revolution, riot, bombs, religious strife or civil commotion,

etc.

Politically motivated sabotage, or terrorism, etc.

Action or Act of Government or Governmental agency for which remedy is beyond the

control of the affected parties.

Any act of God.

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Note: Causes like power breakdown/ shortages/fire/strikes, accidents etc do not fall under

Force Majeure.

Time being the essence of the Contract, if either party is prevented from the performance of

its obligations in whole or in part due to an event of Force Majeure, then provided Notice of

happening of any event by the Affected Party is given to the other party within seven (7)

days from the date of occurrence of such event, which DIRECTLY has impact on works and

submitted details and quantum of resulting effect, but at the same time had made all

possible efforts to mitigate and overcome effects thereof, the Affected Party’s performance

under this Contract shall be suspended until such event ceases and the Scheduled

Completion shall be delayed accordingly.

If Force Majeure event(s) continue for a period of more than three months, the parties shall

hold consultation to discuss the further course of action.

Neither party shall be considered to be in default or in breach of its obligation under the

Contract to the extent that performance of such obligation by either party is prevented by any

circumstances of Force Majeure which arise after effective date of Contract.

Neither party can claim any compensation from the other party on account of Force Majeure.

23.0 SUSPENSION Of CONTRACT

33.0 Suspension for Convenience

TPNODL may, at any time and at its sole option, suspend execution of all or any portions of

the schedule of items of contract to be supplied/work to executed by Associate under the

contract by providing to the Associate atleast two business days written notice for contracts

having contract completion period less than sixty days and atleast seven business days’

notice for all other contracts.

Upon receipt of any such notice, the Associate shall respond as follows as applicable as per

contract construction.

Immediately discontinue further supply of material/goods specified in the suspension

notice for supply contracts

Immediately discontinue further service/work and supply of materials of those

services/materials/work specified in the suspension notice for service /composite

contract

Promptly make every reasonable effort to obtain suspension, upon terms satisfactory to

TPNODL, of all orders, outsourcing arrangements, and rental Contracts to the extent that

they relate to performance of the portion of Work suspended by the notice.

Protect and maintain the portion of the service/Work already completed, including the

portion of the Work suspended hereunder, unless otherwise specifically stated in the

notice.

Continue delivering/carrying out the supply/service/work items as per contract conditions,

which do not fall under purview of the suspension notice.

On receipt of resumption notice from TPNODL, the Associate shall resume execution of

contract as specified in the resumption notice, within the time frame specified in the

resumption notice,

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23.2 Suspension for Breach of Contract conditions.

TPNODL shall suspend execution of whole/or part thereof the contract till such time

Associate complies with the conditions stipulated under section clause 27 for breach/default

of contract conditions.

23.3 Compensation in lieu of Suspension

If the suspension of the contract in whole or in part is for convenience of TPNODL and not

due to any breach of contract conditions by the associate, TPNODL at its discretion shall

consider compensating all reasonable additional costs incurred by Associate in lieu of

suspension of whole or part of contract, on representation of the Associate providing justified

estimates of such additional costs and such estimates are found acceptable and approved

by competent authority of TPNODL.

If the suspension of contract in whole or part thereof is due to breach of contract conditions

(refer clause 24.3) by the Associate, Associate shall not be entitled for any compensation for

any cost incurred in lieu of suspension of whole or part of contract and also shall be liable for

compensating all the losses arising to TPNODL in lieu of suspension of contract.

Resumption notice shall be subject to the Associate taking corrective action for the breach of

contract conditions within the time frame and as per the terms specified in the suspension

notice.

24 TERMINATION OF CONTRACTS

24.1 Termination for Default/Breach of Contract

The contract / PO shall be subject to termination by TPNODL in case of breach of the

contract by the Associate which shall include but not be limited to the following:

a. Withdrawal or intimation by the Associate of its intent to withdraw or surrender the

execution / completion of the contracted work /PO or failure in ensuring adherence to

any delivery schedules, in deviation of the contract/ PO.

b. Refusal or neglect on the part of the Associate to supply material/equipment of quantity

or quality as specified by TPNODL and within the timeframe as specified in the contract

document or refusal or neglect to execute the services/work in terms of the agreed

standards of quantity or quality and/or within the timeframe specified in the contract/PO.

c. Failure in any respect to perform any portion of the Work contracted with promptness,

diligence, or in accordance with the terms of the contract.

d. Failure to furnish guarantees as specified and /or failure to comply with the terms

thereof.

e. Failure to furnish such relevant documents or information within the time specified which

may be necessary for due execution / completion of the works and documentation.

f. Liquidation, bankruptcy either voluntary or involuntary OR entering into any composition

or compromise with its creditors, or Insolvency.

g. In case any reasonable information has been received by TPNODL that Associate has

adopted/ or attempted to adopt any unethical conduct, action in award of the contract

/PO or at any time thereafter.

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h. Failure to comply with applicable statutory provisions as contained in the contract or

failure to comply with the applicable laws.

i. Failure to comply with safety regulations/clauses stipulated in the contract or as may be

generally instructed by TPNODL.

If the default or breach as specified under clause 24 (except sub clause g thereof) be

committed by the associate for the first time, TPNODL shall issue, along the with notice of

default or breach, a warning notice instructing the associate to take remedial/corrective

action within the time frame stipulated in the warning notice and not to repeat the same in

future. The timeframe for corrective action by the associate shall be specific to the nature of

breach of contract and the same shall not be objected to by the Associate. If the Associate

fails to comply with the instructions in the warning notice or in taking corrective action to the

satisfaction of TPNODL then TPNODL may terminate the entire or part of contract at its

discretion by issuing termination notice without incurring any liability on this ground.

In case the contract is terminated for any breach of the nature specified in clause 24 g stated

above, TPNODL shall have the right to terminate all the contracts TPNODL is having with

the Associate by issuing termination notice which shall be without prejudice to the other

rights of TPNODL available to it under law.

Without prejudice to its right to terminate for breach of contract, TPNODL may, without

assigning any reason, terminate the Contract in whole or in part at any time at its discretion

while the contract is in force by serving a written notice of two weeks to the Associate.

In the event of TPNODL having proceeded with termination of the contract the associate

shall comply and proceed further in the following manner:

34.0 Associate shall discontinue the supply, on the expiry of the said period of two weeks.

ii) Associate shall ensure that no further steps are being taken towards discharge of the

obligations, terms and conditions as contained in the contract/PO. This shall include initiation

of actions not limited to discontinuation of other allied and associated arrangements which

the associate might have entered into with third parties for due discharge of its obligations

under the contract with TPNODL.

iii) The Associate shall perform thereafter such tasks as may be necessary to preserve and

protect the terminated portion of the material/service/work in progress and the materials and

equipment at TPNODL sites or in transit thereto. However the associate shall continue to

fulfill its contractual obligations with regard to the part of contract not terminated.

iv) It shall be open for TPNODL to conduct a joint assessment with the associate of the

material ,supplies, equipment ,works or in general as to the subject matter of the contract in

regard to which the associate claims having completed its obligations before or during such

termination.

v) It shall be open to TPNODL to seek invocation of the performance bank guarantee or any

other guarantee or other security deposit by whatever name called submitted by the

associate, which shall not be objected to or protested against by the associate.

In case of termination of the contract the parties agree to be governed inter alia by the

following:

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a) In case TPNODL exercises its right of termination as stated above the associate shall not

dispute or object to the same.

b) The Associate shall be entitled to receive and claim only such payments OR sums of

money from TPNODL as may be found payable to it in regard to works executed by it under

the terms of the contract and no other claim of any nature whatsoever shall be made by the

Associate.

c) All such provisions which the parties have agreed to survive and prevail even after

termination of the contract shall remain effective despite the termination.

In the event of such termination, TPNODL may finish the Work by whatever method it may

deem expedient, including the hiring of services and /or purchase of material equipment from

such third parties as TPNODL may deem fit or may itself provide any labor or materials and

perform any part of the Work. The associate undertakes to bear the incremental costs if

any paid by TPNODL in such a case attributable to failure on the part of the associate. The

Associate in such a case shall not be entitled to receive any further payments and any sums

found payable to it may be adjusted by TPNODL against the amount recoverable from him

on this ground. The same shall be without prejudice to other rights available to TPNODL

under law against the associate.

Upon the termination of any of the contract due to occurrence of any circumstances provided

in clauses stated above and constituting repeated breach or misconduct , TPNODL shall be

entitled to bar the associates its agents , affiliates from undertaking any negotiation /

tendering, bidding, participation activities concerning TPNODL for a period of two years from

date of such termination. The same shall be without prejudice to other rights available to

TPNODL.

24.2 Termination for convenience of Associate

Associate at its convenience may request for termination of contract, clearly assigning the

reason for such request. TPNODL has full right to accept, reject or partially accept such

request. This convenience will be available to associate only after one year from the contract

effective date. For this purpose, associate will provide a notice period of 90 days to

TPNODL, Associate will have to pay TPNODL a ‘termination convenience fee’ equivalent to

5% of unexecuted contract value.

24.3 Termination for Convenience of TPNODL

TPNODL at its sole discretion may terminate the contract by giving 30 days prior notice in

writing or through email to the Associate. TPNODL shall pay the Associate for all the

supplies/ services rendered till the actual date of contract termination against submission of

invoice by the Associate to that effect.

25.0 DISPUTE RESOLUTION & ARBITRATION

In case of any dispute or difference the parties shall endeavor to resolve the same through

conciliatory and amicable measures within 15 Days failing which the matter may be referred

by either party for resolution by the sole arbitrator to be appointed mutually by both the

parties. The arbitral proceedings shall be conducted in accordance with Arbitration and

Conciliation Act 1996 and the place of arbitration shall be Bhubaneswar. The language to be

used at proceedings shall be English and the award of the arbitrator shall be final and

binding on the parties. The parties shall bear their respective costs of arbitration. The

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associate shall continue to discharge its obligations towards due performance of the works

as per the terms of the contract during the arbitration proceedings unless otherwise directed

in writing by TPNODL or suspended by the arbitrator. Further, TPNODL shall continue

making such payments as may be found due and payable to the associate for such works.

35.0 Governing law and jurisdiction

The parties shall be subject to the jurisdiction of the courts of law in Bhubaneswar and any

matter arising here from shall be subject to applicable law in force in India.

26.0 ATTRIBUTES OF GCC

26.1 Cancellation

The Company reserves the right to cancel, add, delete at its sole discretion, all or any terms

of this GCC or any contract, order or terms agreed between the parties in pursuance without

assigning any reasons and without any compensation to the Associates.

26.2 Severability

If any portion of this GCC is held to be void, invalid, or otherwise unenforceable, in whole or

part, the remaining portions of this GCC shall remain in effect.

26.3 Order of Priority

In case of any discrepancies between the stipulations in General Conditions of the Contract

(GCC) and Special Conditions of Contract (SCC), the GCC shall stand superseded by the

SCC to the extent stipulated hereinabove while balance portion of respective clauses of

GCC shall continue to be applicable.

36.0 INSURANCE

The Associate shall arrange accident insurance policy for his foreign

experts/specialists/personnel deputed to Site and Associate’s/his sub-Associates’

manufacturing works as well as for his Indian engineers and supervisory staff. The Associate

shall also take out for his Indian workmen, where applicable, a separate policy as required

under Workmen’s Compensation Act.

Associates shall be responsible to suitably insure their entire work-force (to the extent of at

least meeting requirements under Workmen Compensation Act) Tools, Plant, Third party

liability at the project site, All Risk comprehensive insurance for the entire works (insurance

for free issue items will be in TPNODL scope) for total contract (PO/RO) value or any other

such risks during execution of works, till the works are handed over to the company, in

consultation with TPNODL and shall submit copies of such insurances to the Engineer-in-

Charge for review / acceptance before commencing the work. Engineer-in-charge must

ensure compliance to insurance requirement by Associate before commencement of works.

TPNODL shall stand fully indemnified in this respect.

28.0 ERRORS AND OMISSIONS

The Associate shall be responsible for all discrepancies, errors and omissions in the

drawings, documents or other information submitted by him, irrespective of whether these

have been approved, reviewed or otherwise accepted by the TPNODL or not. However any

error in design/drawing arising out of any incorrect data/written information from TPNODL

will not be considered as error and omissions on part of the Associate.

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29.0 TRANSFER OF TITLES

The title of ownership and property to all equipment, installations, erections, constructions

materials, drawings & documents shall pass to the TPNODL after Commissioning and

complete handing over-taking over.

However, such passing of title of ownership and property to the TPNODL shall not in any

way absolve, dilute or diminish the responsibility and obligations of the Associate under this

Contract including loss or damages and all risks, which shall vest with the Associate.

The Associate shall take all corrective measures arising out of discrepancies, errors and

omissions in drawings and other information within the time schedule and without extra cost

to the TPNODL.

The Associate shall also be responsible for any delay and/or extra cost if any, in carrying out

engineering, and site works by other agencies arising out of discrepancies, errors and

omissions stated in as well as of any late revision/s of drawings and information submitted

by the Associate.

37.0 SUGGESTIONS & FEEDBACK

We welcome all our Business Associates to write to us about their experience with TPNODL;

be it our Company, our services or our people. Each and every concern, issue, query and

suggestion from you will help us to become a better company to work with and shall help us

develop a strong bonding of trust and a long term relationship with you.

You may send your feedback by filling up our Business Associate Feedback Form enclosed

herewith as Annexure-Q. You can also log on to our website www.tpnodl.com to provide

your feedback according to the guidelines mentioned below:

38.0 CONTACT POINTS

In case Business Associate needs information with respect to payments or has any

grievances, same may be submitted by log on to our website www.tpnodl.com

32.0 LIST OF ANNEXURES

S. No. Subject Annexure

1. Performa for Bid Security Bank Guarantee A

2. Performa for Advance Payment Bank Guarantee B

3. Performa for Performance Bank Guarantee (CP cum EP) C

4. Performa for No Demand Certificate by Associate D

5. Performa for Indemnification on Statutory Compliance E

6. Performa For Application For Issuance of Consolidated TDS

Certificate F

7. HR Service Level Agreement G

8. Under taking for competence of workmen H

9. Acceptance Form For Participation In Reverse Auction Event I

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10. NEFT or RTGS payment request form J

11. Contractor Safety Management System K

12 Vendor Appraisal Form L

13 Manufacturers Authorization Form M

14 Safety Bid Document N

15 Tata Code of Conduct P

16 Vendor Feedback Form Q

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ANNEXURE-A

PROFORMA FOR BID SECURITY BANK GUARANTEE

TP Northern Odisha Distribution Ltd

Balasore

WHEREAS, (Name of the Bidder) ____________________ (hereinafter called “the

BIDDER”) has submitted his bid dated______________ for the (Tender No. & Name of

Contract) __________________________________ (hereinafter called “the BID”).

KNOW ALL men by these presents we (Name of the Bank)

_______________________________ of (Name of the Country) _______________ having

our registered office at_______________________ (hereinafter called “the BANK) are

bound unto TP Northern Odisha Distribution Ltd (TPNODL) in the sum of

______________________ for which payment well and truly to be made to the TPNODL the

Bank binds himself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this _______ day of _________ 20_____.

The CONDITIONS of this obligation are:

i) If the Bidder withdraws his Bid during the period of bid validity specified in the Proforma

of Bid

or

ii) If the Bidder having been notified of the acceptance of his Bid by the TPNODL during the

period of bid validity fails or refuses to furnish the Contract Performance Bank

Guarantee, in accordance with the Instructions to Bidders.

We undertake to pay the TPNODL upto the above amount upon receipt of its first written

demand, provided that in its demand the TPNODL will note that amount claimed by it is due

to it owing to the occurrence of one or both conditions, specifying the occurred condition or

conditions.

This Guarantee will remain in force upto and including the date (No of days as mentioned in

tender enquiry) days after the closing date of submission of bids as stated in the Invitation to

Bid or as extended by you at any time prior to this date, notice of which extension to the

Bank being hereby waived, and any demand in respect thereof should reach the Bank not

later than the above date.

DATE……………… SIGNATURE OF THE

BANK………………………..

WITNESS……………………………. SEAL………………………...

(Signature, Name & Address)

(At least 2 witnesses)

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ANNEXURE-B

PROFORMA FOR ADVANCE PAYMENT BANK GUARANTEE

(On Rs.100/- Stamp Paper)

Note:

(a) Format shall be followed in toto

(b) Claim period of six months must be kept up

(c) The guarantee to be accompanied by the covering letter from the bank confirming the

signature to the guarantee

---------------------------------------------------------------------------------------------------------------------------

---------

TP Northern Odisha Distribution Ltd

Balasore

Advance Payment B.G.No……………………

Contract No…………………dated……………

1. You have entered into a Contract

No________________________________________ with

M/s._________________________________________ (hereinafter referred to as “the

Vendor”) for the supply and delivery of ________________________________

(hereinafter referred to as" the said Equipment”) for the price and on the terms and

conditions contained in the said contract.

2. In accordance with the terms of the said contract, you have agreed to make an advance

payment of Rs._______________

(Rupees_____________________________________ only) being _______%

(________percent) of the total value of the contract on “the Vendor” furnishing you with

an irrevocable, unconditional and acceptable bank guarantee to be valid till the date of

receipt of “the said equipment” covered by your above mentioned contract. For this

purpose you have agreed to accept our guarantee.

3. In consideration thereof, we, __________________________________________

hereby irrevocably and unconditionally guarantee to pay to you on demand but in any

case before the end of five working days from the date of the claim and without demur

and without reference to “the Vendor” such amount or amounts not exceeding the sum

of Rs.___________ (Rupees ___________________________________ only) being

______% (______percent) of the total value of the contract on receipt of your intimating

that “the Vendor” has not fulfilled his contractual obligations. You shall be the sole

judge for such non-fulfillment and “the Vendor” shall have no right to question such

judgment.

4. You shall have the right to file / make your claim on us under the guarantee for a further

period of one months from the date of expiry.

5. This guarantee shall not be revoked without express consent and shall not be affected

by your granting time or any other indulgence to “the Vendor”, which shall include but

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not be limited to, postponement from time to time of the exercise the same in you or any

right which you may have against “the Vendor” and to exercise the same in any

covenant contained or implied in the said contract or any other course or remedy or

security available to you, and our Bank shall not be released from its obligations under

this guarantee by your exercising any of your rights with reference to matters aforesaid

or any of them or by reasons of any other act or forbearance or other acts of omission

or commission on your part or any other indulgence shown by you or by any other

matter or thing whatsoever which under the law would, but for this provision have the

effect of relieving our bank from its obligation under this guarantee.

6. We also agree that you shall be entitled at your option to enforce this guarantee against

our bank as a principal debtor, in the first instance, notwithstanding any other security or

guarantee that you may have in relation to “the Vendor’s” liabilities in respect of the

premises

7. This guarantee shall not be affected by any change in the constitution of our Bank or

“the Vendor” or for any other reason whatsoever.

8. Any claim / extension under the guarantee can be lodge-able at outstation banks or at

Mumbai branch and claim will also be payable at Mumbai Branch (to be confirmed by

Balasore Branch by a letter to that effect)

9. Notwithstanding anything herein contained, our liability under this guarantee is limited to

Rs.___________________

(Rupees___________________________________________ only) and the guarantee

will remain in force upto and including _________(Date) and shall be extended from

time to time for such period or period as may be desired by “the Vendor”.

10. Unless a demand or claim under this guarantee is received by us in writing within one

month from____________ (expiry date) i.e. on or before _____________ (claim period

end date), we shall be discharged from all liabilities under this guarantee thereafter.

Dated at ___________________this _______________ day of ___________ 200_____

Witness

Bank’s rubber stamp

1. ________________________ Banks full address

Designation of Signatory

2. ________________________ Bank official number

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ANNEXURE- C

PROFORMA FOR PERFORMANCE BANK GUARANTEE (CP cum EP)

(On Rs.100/- Stamp Paper)

Note:

(a) Format shall be followed in toto

(b) Claim period of one month must be kept up

(c) The guarantee to be accompanied by the covering letter from the bank confirming the

signature to the guarantee

---------------------------------------------------------------------------------------------------------------------------

--------

TP Northern Odisha Distribution Ltd

Balasore CP cum EP BG No.…………………………….

Order/Contract No…………………dated……………

1. You have entered into a Contract No _____________________________________ with M/s._____________________________________________ (hereinafter referred to as “the Vendor”) for the supply cum erection / civil work of ___________________________________ (hereinafter referred to as" the said Equipment”) for the price and on the terms and conditions contained in the said contract.

2. In accordance with the terms of the said contract, “the Vendor” agreed to furnish you with an irrevocable, unconditional and acceptable bank guarantee for 10% of the value of contract and to be valid till the end of Guarantee period plus one month towards “Contract cum Equipment performance”. For this purpose you have agreed to accept the guarantee.

3. In consideration thereof, we, ______________________________________________ hereby irrevocably and unconditionally guarantee to pay to you on demand but in any case before the end of five working days from the date of the claim and without demur and without reference to “the Vendor” such amount or amounts not exceeding the sum of Rs.___________ (Rupees _______________________________________________________ only) being _______% (_______ percent) of the total value of the contract on receipt of your intimating that “the Vendor” has not fulfilled his contractual obligations. You shall be the sole judge for such non-fulfillment and “the Vendor” shall have no right to question such judgment.

4. You shall have the right to file / make your claim on us under the guarantee for a further period of one month from the date of expiry.

5. This guarantee shall not be revoked without express consent and shall not be affected by your granting time or any other indulgence to “the Vendor”, which shall include but not be limited to, postponement from time to time of the exercise the same in you or any right which you may have against “the Vendor” and to exercise the same in any covenant contained or implied in the said contract or any other course or remedy or security available to you, and our Bank shall not be released from its obligations under this guarantee by your exercising any of your rights with reference to matters aforesaid or

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any of them or by reasons of any other act or forbearance or other acts of omission or commission on your part or any other indulgence shown by you or by any other matter or thing whatsoever which under the law would, but for this provision have the effect of relieving our bank from its obligation under this guarantee.

6. We also agree that you shall be entitled at your option to enforce this guarantee against our bank as a principal debtor, in the first instance, notwithstanding any other security or guarantee that you may have in relation to “the Vendor’s” liabilities in respect of the premises

7. This guarantee shall not be affected by any change in the constitution of our Bank or “the Vendor” or for any other reason whatsoever.

8. Any claim / extension under the guarantee can be lodge-able at outstation banks or at Mumbai branch and claim will also be payable at Mumbai Branch (to be confirmed by Mumbai Branch by a letter to that effect in case BG is from the branch outside Mumbai)

9. Notwithstanding anything herein contained, our liability under this guarantee is limited to Rs.___________________ (Rupees________________________________________ only and the guarantee will remain in force upto and including _________(Date) and shall be extended from time to time for such period or period as may be desired by “the Vendor”.

10. Unless a demand or claim under this guarantee is received by us in writing within one months from____________ (expiry date) i.e. on or before _____________ (claim period end date), we shall be discharged from all liabilities under this guarantee thereafter.

Dated at___________________ this_______________ day of ___________ 200__

Witness

Bank’s rubber stamp

1. ________________________ Banks full address

Designation of Signatory

2. ________________________ Bank official number

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ANNEXURE-D

PROFORMA FOR “NO DEMAND CERTIFICATE” BY ASSOCIATE

(On Company’s Letter head or with Company Seal)

(To be submitted by the Associate to TPNODL Accounts Department at the time of

receipt of full and final payment)

(Certificate No. CCP/002)

Name of the Project

Order/ Contract No.

Dated

Name of the Associate

Scheme No. / Job No.

We, M/s.____________________________________________ (Associate) do hereby

acknowledge and confirm that we have received the full and final payment due and payable

to us from TPNODL, in respect of our aforesaid Order No _____________

dated___________ including amendments, if any, issued by TPNODL to our entire

satisfaction and we further confirm that we have no claim whatsoever pending with TPNODL

under the said contract / W.O.

Notwithstanding any protest recorded by us in any correspondence, documents,

measurement books and / or final bills etc., we waive all our rights to lodge any claim or

protest in future under this contract.

We are issuing this “NO DEMAND CERTIFICATE” in favour of TPNODL, with full knowledge

and with our free consent without any undue influence, misrepresentation, coercion etc.

Dated Signature

Place Name

Designation

(Company Seal)

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ANNEXURE – E

PROFORMA FOR “INDEMNIFICATION ON STATUTORY COMPLIANCES”

(To be submitted by the successful Bidder within seven days of award of work)

(Certificate No. CCP/001)

Name of the Project

Letter of Award / Contract No.

Dated

Name of the Associate

Scheme No. / Job No.

By this confirmation we, ___________________________________________________

(Associate) are formally bound to M/s. TPNODL towards any sum which may be imposed,

levied or hereinafter recovered by the Provident Fund Organization under the provisions of

the Employees of the Provident Fund and Miscellaneous Provisions Act 1952 in respect of

employees employed by us.

We well and truly bind ourselves and our heirs executors administrators and representatives

jointly severely and respectively for the above payment only to be paid to M/s. TPNODL.

AND WHEREAS we, _______________________________________________ (Associate)

is making compliance of the Employees Provident Fund and Miscellaneous Provisions Act

1952, have entered into the above written bond for the indemnity to M/s. TPNODL against all

losses from the acts or default of the said Associate in respect of compliance of the

Provident Fund Act.

Similarly we hereby confirm that we have complied with all statutory and local laws and

nothing is outstanding with regard to Local Sales Tax, Labour Laws, Local Municipal dues,

Electricity dues etc. We have entered into the above written bond for the indemnity to M/s.

TPNODL against all losses from the acts or default of the said Associate in respect of

compliance of the Local Sales Tax Laws, Local Laws, Labour Laws, Local Municipal Dues,

Electricity dues etc.

NOW THE CONDITION, of the above written bond is as such that if the Associate during the

period of this contract commits any default or fails to make payment of Contributions in

respect of his employees to the Employees Provident Fund Organization, he shall indemnify

the Principal Employer M/s. TPNODL from all and every loss and damage caused to them

from any act, omissions or negligence of the said Associate in respect of compliances under

the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

IN WITNESS to the above written bond we have here to set our hands, with our free

consent.

Dated Signature

Place Name

Designation (Company Seal)

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ANNEXURE-F

PROFORMA FOR APPLICATION FOR ISSUANCE OF CONSOLIDATED TDS

CERTIFICATE

To be printed on the letterhead

To,

TP Northern Odisha Distribution Ltd,

Bhubaneswar

Sub: Application for issuance of Consolidated TDS Certificate for the FY _________

Dear Sir,

I / we hereby request / authorize you to issue me / us a consolidate TDS Certificate for the

financial year _______ against tax deducted at source by you from my / our payments / bills

during the said year from time to time under Chapter XVII – B of the Income Tax Act, 1961.

For and on behalf of

Signature

Name

Address

Contact No. (Land Line)

(Mobile)

PAN #

Assessing authority

ATTACH THE COPY OF PAN CARD

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ANNEXURE - G

SERVICE LEVEL AGREEMENT

(To be adhered to by Business Associates (BAs) in TPNODL on Human Resource Issues)

1.0 The following shall be adhered to by the Business Associates during his / its

association with TPNODL:

Shall Abide by TPNODL Core Values:

a) Integrity – We must conduct our business fairly, with honesty and transparency. Everything

we do must stand the test of public scrutiny.

b) Understanding – We must be caring, show respect, compassion and humanity to our

colleagues and customers and always work for the benefit of the communities we serve.

c) Excellence – We must constantly strive to achieve the highest possible standards in our day

to day work and in the quality of services we provide.

d) Unity – We must work cohesively with our colleagues across the group and with our

customers and partners to build strong relationships based on tolerance, understanding and

mutual co-operation.

e) Responsibility – We must continue to be responsible and sensitive to the communities and

environments in which we work and always ensuring that what comes from the people; goes

back to the people many times over.

f) Agility- We must work in a speedy and responsive manner and be proactive and innovative

in our approach.

2.0 The Business Associate / his manager / supervisor who is responsible for managing

the project site / performance contract etc. in TPNODL would also ensure adherence

of these values by his employees / persons deployed by him in connection with his

works undertaken in TPNODL.

3.0 TPNODL is a signatory to the United Nation Global Compact as an integral part of its

Governance principles / business. The Business Associates are required to:

a) Support and respect the protection of human rights and make sure that they are not

complicit in human right abuses.

b) Respect freedom of association and effective recognition of the right to collective

bargaining.

c) Not to resort to any form of forced and compulsory labour.

d) Shall ensure abolition of child labour in his area of work.

e) There is no discrimination in respect of employment and occupation in respect of his

employees.

f) Support precautionary approach to environmental challenges.

g) Promote greater environmental responsibility by himself and his employees in his areas of

work.

h) Deploy and defuse environmental friendly technologies while carrying out the works.

i) Work against corruptions in all its form including extortion and bribery by himself and his

employees.

4.0 The Business Associates are required to adhere to all applicable Labour Laws with

special reference to the following:

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a) No person below the age of 18 years and no child labour will be engaged directly or

indirectly for executing the work connected with the business of TPNODL.

b) Minimum wages along with other statutory dues like PF, ESI, etc. as applicable to the

workers shall be made within the prescribed period of 7th / 10th day of the following month.

c) Deduction / deposit / record keeping and all other requirements under Employees PF Act

1952, Employees State Insurance Act 1948 and other applicable acts (if any) shall be

adhered to.

d) Only statutorily authorized deductions (if any) shall be made in accordance with the

relevant statutes.

e) All the provisions of Contract Labour (R&A) Act 1970 shall be complied with in respect of

the workers engaged for TPNODL work. The work will be commenced only after completing

necessary formalities for obtaining Labour License (if applicable).

f) Necessary registers / records, filing of returns etc. shall be maintained for verification by

Statutory / TPNODL authorities.

g) Payment of wages shall be made only in presence of and with certification of authorized

representative of TPNODL or shall be made in the form of cheque / bank transfer to the

employee.

h) During the period of contract, the Business Associate will arrange for deployment of his

supervisor / manager for total supervision and control of the work and their manpower. All

the activities related to their manpower e.g. attendance, leave, wage disbursement etc. will

be done under the supervision & control of Business Associates, While adhering to the

prescribed standard / norms of production / productivity & quality. During execution of the

work, Business Associate shall engage only such qualified / skilled manpower as may be

envisaged / required for ensuring level of production / service into the contract / work order.

i) Clearances as follows shall be obtained from IR & Welfare Group:

i. Clearance for commencement (before start of the work).

ii. No Objection Certificate (after completion / before final settlement).

iii. Copies of PF / ESI Challans shall be deposited with IR & Welfare Group every month

j) The Business Associate shall indemnify TPNODL from any liabilities under applicable

Labour Statutes.

k) The Business Associate shall ensure safety and health of his employees and shall also

maintain hygienic working environment / condition in his area of work.

l) The Business Associate and his employee shall abide by Laws of Land and shall not

violate any applicable provisions.

m) The Business Associate appreciates with and acquiesces to the right of TPNODL as

principal employer to fulfil any of his legal obligations, if he fails to do so under applicable

labour laws and deduct the same from his running bills / final payments / enchasing security

deposit / Bank Guarantee as the case may be. If there is any further shortfall TPNODL has

the right to recover the same from the Business Associate.

n) The Business Associate ensures that person employed by him adhere to the moral and

legal conduct and shall not violate any standard conduct envisaged in the premise of

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TPNODL by all such as, Transparency, Safety, Discipline, Integrity etc. The Business

Associate or his employees should refrain from corrupt practices, giving or taking bribe in

connection with any TPNODL business.

5.0 The ‘Statutory Compliance Enforcement System’ in TPNODL is detailed below for

adherence by all concerned. Corporate IR & Welfare Group will be the process owner

for implementation of the system with the help of concerned Engineer I/c or Officer

I/c.

a) Statutory Compliance being a professed value in TPNODL Code of Conduct, the concerned

Engineer / Officer in charges are requested to adhere to the provisions and advise

respective Business Associates in their domain to comply in letter and spirit.

b) Immediately after issuance of letter of intent, the authorized representative of the Business

Associate will report to Corporate IR & Welfare group for completion of statutory

requirements.

c) Normally, the work will be started only after ‘Clearance for Commencement of Work (CCW)

is issued by IR & W group to the Business associate. However in exceptional exigencies in

engineer I/c / Officer I/c may direct the Business Associate to start the work and inform IR &

W group about the same. Statutory requirements in this case may be completed parallely.

d) First monthly bill will be released only after producing CCW to the finance department.

Similarly closure of work and final settlement will be affected after issuance of no objection

certificate from IR & W group.

6.0 Requirements for ‘Clearance for Commencement of Work’ (CCW):

a) Submission of filled up Form ‘A’ for database (Annexure-1).

b) Copy of PF Code allocation letter.

c) Copy of ESI Code allocation letter.

d) Submission of duly filled up Form IV CL(R&A) act (In case more than or equals to 20

workers during the period of contract).

e) Submission of duly filled up Form VI A (Notice of Commencement).

f) Copy of insurance cover note under WC Act 1923 (if applicable).

g) Copy of Contract Agreement.

h) Copy of indemnity bond (if applicable).

i) Affidavit with regard to payment of wages through cheque / bank transfer only.

7.0 Requirements during execution of work:

a) Copy of receipt of application for license / license (if applicable).

b) Copy of PF Challan (latest by 26th day of every Month).

c) Copy of ESI Challan (latest by 26th day of every Month).

d) Copy of Wage disbursement sheet / Bank statement.

e) Filing / Maintenance of all statutory registers / reports / returns for inspection by Statutory/

TPNODL authorities.

f) Certification of wage disbursement by authorized representative of TPNODL.

g) Copy of ‘Labour Welfare Fund’ deposit certificate / Challan.

h) Insuring safe working practices at the work place.

8.0 Requirements for ‘No Objection Certificate’ (NOC) for closure of work:

a) Submission of duly filled up Form VI A (Notice of Completion).

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b) Copy of Half yearly / Annual return for ESI / PF / CL(R&A).

c) Consolidated copy of wage sheet of last month indicating full & final settlement of all dues

like retrenchment benefit, bonus, leave encashment etc. Copy of individual declaration by

employees in Form X regarding termination of employment.

d) Confirmation certificate regarding filling up of form for transfer / withdrawal of PF by the

concerned workers.

In case any of the above are deviated / not complied with the Letter of Award/Order

shall be liable to be withdrawn / cancelled.

Enclosure:

1) Form A

2) Form X

3) Form XI

4) Form VI A

5) Form XXIV

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FORM (A)

[To be submitted by the Business Associate to the Principal Employer within a week from LoA

issuance]

A. Details of the Agency

1. Name of Agency :

2. Nature of work :

3. Local Address with Ph.No. :

(With Father’s name) :

4. Permanent Address (Full) :

5. PF code no. & Place :

6. ESI Code no. & Place :

7. Name and address of :

Sub-contractor (if any)

B. Details of Work

8. Name of work (as specified in LOI/LOA) :

9. LOI/LOA Nos. & Dates :

10. Period of contract (Specify Dates) :

[Including Extension period, if any] :

11. Work Area [Department / Location] :

12. Name / Cell no. of Officer I/c :

13. Maximum No. of workers and staff to be engaged on any day during the year.

Supervisory Staff :

Workers :

14. Do you have any other contract in TPNODL : Yes/No

If yes, furnish details:

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15. Details of Workmen’s compensation Policy, if applicable

Name of Insurance Company ……………………………………………………………………………...

………………………………………Policy No ……………………………… Number of persons

covered …………… Period of coverage: From ……………………. To …………………….…..

If no, I hereby undertake the liability arising out of Workmen’s Compensation Act and Rules made there under.

C. Details of workers to be engaged

No. of Workers

S. No. Unskilled* Semi-skilled* Skilled* Clerical / Supervisory

* Number to be indicated

I/We shall fulfill all obligations arising from and under all relevant law in force from time to time. I/We

undertake to keep the TPNODL indemnified against any loss or liability arising out of failure of my /

our abiding the relevant laws.

The name of my / our representatives is …………………………………………… to enter the

TPNODL Premises on my behalf.

Date:

(Signature of the Business Associate

or his Authorized Representative)

This Business Associate is / will be engaged in TPNODL.

(Signature and seal of

Officer I/c of the Work)

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Form X

Undertaking

I _________________________________________________ hereby undertake that all the

dues in respect of my employment with M/s ____________________________________ for

the period of _______________________________ to __________________________have

been settled and final payments including retrenchment benefit have been made to me in full.

( )

______________________________

Date:

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Form XI

Undertaking

With reference to the contract job awarded by M/s TPNODL to

M/s__________________________________________________________________ vide work

order No.______________________________________________ dated__________________

I _______________________on behalf of

M/s _________________________________________________hereby undertake:

1. that the dues in respect of the workmen/ employee(s) engaged by us for the said contract,

payable as per the provisions of relevant statute pertaining to

i. wages/ salary

ii. PF & ESI, Bhubaneswar Labour Fund

iii. All other statutory obligation

has been paid /settled in full and no amount/ compliance is due/ pending.

2. That in case any dispute / claim is raised by the concerned workers i.r.o. any dues / payments,

M/s ____________________________________ will settle the same on it’s own and such

liability will be borne by M/s ____________________________________________________

3. That M/s _________________________________________ hereby indemnify M/s TPNODL

from any future liability i.r.o. any statutory obligation in respect of said contract.

Date:

________________________

( )

Authorized Signatory

For M/s _____________________

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FORM- VI A

Notice for Commencement /Completion of contract work

I/We, Sh. / M/s ____________________________________________________ (Name

and Address of the Contractor) hereby intimate that the contract work

_______________________________________________ (name of work) in establishment

of the ________________________________________ (name and address of the

Principal Employer) for which License

No.___________________________________________dated_____________________ha

s been issued to me/us by the Licensing Officer _______________________(name of the

Headquarters), has been commenced / completed with effect from

______________________date / on date.

Signature of Contractor

With Office Seal

The Inspector

__________________________

__________________________

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FORM XXIV

[See Rule 82(1)]

Return to be sent by the Contractor to the licensing Officer (in duplicate)

Half -Yearly Ending_______

1. Name and address of the Contractor

2. Name and address of the Establishment

3. Name and address of the Principal Employer

4. Duration of Contract: From _______________to _________________

5. No. of days during the half year on which

(a) the establishment of the principal employer had worked

(b) the contractor’s establishment had worked

6. Maximum No. of contract labour employed on any day during the half –year:

Men Women Children Total

7. (i) Daily hours of work and spread over

(ii) (a) whether weekly holiday observed and on what day

(b) if so, whether it was paid for

(iii) No. of man – hours of overtime worked

8. No. of man days worked by

Men Women Children Total

9. Amount of wages paid

Men Women Children Total

10. Amount of deductions from wages, if any

Men Women Children Total

Whether the following have been provided –

(i) Canteen : _____________

(ii) Rest rooms : _____________

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(iii) Drinking water : _____________

(iv) Crèches : _____________

(v) First Aid : _____________

Signature of contractor

Place _________________

Date __________________

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ANNEXURE – H

UNDERTAKING FOR COMPETENCE OF WORKMEN

Name of Associate :

Tender No. :

Item :

With reference to the tender mentioned above, I/We _______________________________,

hereby undertake that the workmen/ employee(s) engaged by M/s

__________________________ for the job against said tender shall be competent in all

respect, commensurate to the nature of job.

Date: _____________________________

( )

Authorized Signatory

For M/s

Seal

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ANNEXURE-I

ACCEPTANCE FORM FOR PARTICIPATION IN REVERSE AUCTION EVENT

(To be signed and stamped by the bidder prior to participation in the auction event)

In a bid to make our entire procurement process more fair and transparent, TPNODL intends to use

the reverse auctions through SAP-SRM/ ARIBA tool as an integral part of the entire tendering

process. All the bidders who are found as technically qualified based on the tender requirements shall

be eligible to participate in the reverse auction event.

The following terms and conditions are deemed as accepted by the bidder on participation in

the bid event:

1. TPNODL shall provide the user id and password to the authorized representative of the bidder.

(Authorization Letter in lieu of the same shall be submitted along with the signed and stamped

Acceptance Form).

2. TPNODL will make every effort to make the bid process transparent. However, the award

decision by TPNODL would be final and binding on the supplier.

3. The bidder agrees to non-disclosure of trade information regarding the purchase, identity of

TPNODL, bid process, bid technology, bid documentation and bid details.

4. The bidder is advised to understand the auto bid process to safeguard themselves against any

possibility of non-participation in the auction event.

5. In case of bidding through Internet medium, bidders are further advised to ensure availability of

the entire infrastructure as required at their end to participate in the auction event. Inability to bid

due to telephone line glitch, internet response issues, software or hardware hangs, power failure

or any other reason shall not be the responsibility of TPNODL.

6. In case of intranet medium, TPNODL shall provide the infrastructure to bidders. Further, TPNODL

has sole discretion to extend or restart the auction event in case of any glitches in infrastructure

observed which has restricted the bidders to submit the bids to ensure fair & transparent

competitive bidding. In case an auction event is restarted, the best bid as already available in the

system shall become the start price for the new auction.

7. In case the bidder fails to participate in the auction event due any reason whatsoever, it shall be

presumed that the bidder has no further discounts to offer and the initial bid as submitted by the

bidder as a part of the tender shall be considered as the bidder’s final no regret offer. Any offline

price bids received from a bidder in lieu of non-participation in the auction event shall be outrightly

rejected by TPNODL.

8. The bidder shall be prepared with competitive price quotes on the day of the bidding event.

9. The prices as quoted by the bidder during the auction event shall be inclusive of all the applicable

taxes, duties and levies and shall be FOR at TPNODL site.

10. The prices submitted by a bidder during the auction event shall be binding on the bidder.

11. No requests for time extension of the auction event shall be considered by TPNODL.

12. The original price bids of the bidders shall be reduced on pro-rata basis against each line item

based on the final all-inclusive prices offered during conclusion of the auction event for arriving at

Contract amount.

Signature & Seal of the Bidder

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ANNEXURE-J

To,

DGM (Finance) TP Northern Odisha Distribution Ltd

Balasore

Sub: e-Payments through National Electronic Fund Transfer (NEFT) OR Real Time

Gross Settlement System (RTGS)

Dear Sir,

We request and authorize you to affect e-payment through NEFT/RTGS to our Bank Account as per the details given below:-

Vendor Code :

Title of Account in the Bank :

Account Type :

(Please mention here whether account is

Savings/Current/Cash Credit)

Bank Account Number :

Name & Address of Bank

:

Bank Contact Person’s Names :

Bank Tele Numbers with STD Code :

Bank Branch MICR Code :

(Please enclose a Xerox a copy of a cheque.

This cheque should not be a payable at par

cheque)

Bank Branch IFSC Code :

(You can obtain this from branch where you

have your account)

Email Address of accounts person (to

:

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send payment information)

Name of the Authorized Signatory :

Contact Person’s Name

Official Correspondence Address

:

:

We confirm that we will bear the charges, if any, levied by our bank for the credit of

NEFT/RTGS amounts in our account. Any change in above furnished information shall be

informed to TPNODL well in time at our own. Further, we kept TPNODL indemnified for any

loss incurred due to wrong furnishing of above information.

Thanking you,

For ____________________

(Authorized Signatory)

(Signature with Rubber Stamp)

Certification from Bank:

We confirm that we are enabled for receiving NEFT/RTGS credits and we further confirm

that the account number (specify Bank a/c no.) of (Please mention here name of the account

holder), the signature of the authorized signatory and the MICR and IFSC Code of our

branch mentioned above are correct.

This also is certified that the above information is correct as per Bank record

(Manager’s/ Officers Signature under Bank Stamp)

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ANNEXURE-L

VENDOR APPRAISAL FORM

TO BE SUBMITTED BY VENDOR (To be filled as applicable)

Part A

1.0 DETAILS OF THE FIRM

1.1 NAME (IN CAPITAL LETTERS)

1.2

TYPE OF CONCERN (PROPRIETORY)

PARTNERSHIP PVT.LTD., PUBLIC LTD.

ETC.

1.3 YEAR OF ESTABLISHMENT

1.4 LOCATION OF OFFICE

POSTAL ADRESS

1.5

CONTACT DETAIL OF BA’s

REPRESENTATIVE

NAME

E-MAIL ID

CELL NO.

1.6 LOCATION OF MANUFACTURING

UNITS :

i) UNITS 1 :

ii) OTHER UNITS :

2.0 PRODUCTS / SERVICES BEING OFFERED :

3.0

TURNOVER DURING THE LAST 3 YEARS

(TO BE VERIFIED WITH THE LATEST

PROFIT & LOSS STATEMENT).

:

4.0 AVALABILITY OF STATUTORY

DOCUMENTS I.E. COPY OF PAN CARD :

5.0 AVALABILITY OF STATUTORY DOCUMENTS

I.E. COPY OF GST REGISTRATION :

6.0 APPLICABILITY UNDER MSME

CERTIFICATION :

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7.0 BA BELONGS TO AA COMMUNITY (SC/ST) :

8.0 DOCUMENTS VERIFYING ADDRESS PROOF

(SUPPORTED BY ANY GOVT. ISSUED

DOCUMENT)

:

9.0 TECHNICAL

9.1

NO.OF DESIGN ENGINEERS

(INDICATE NO.OF YEARS

EXPERIENCE IN RELATED FIELDS)

:

9.2 NO.OF DRAUGHTSMEN :

9.3 COLLABORATION DETAILS (IF ANY) :

9.3.1 DATE OF COLLABORATION :

9.3.2 NAME OF COLLABORATOR :

9.3.3 RBI APPROVAL DETAILS :

9.3.4 EXPERIENCE LIST OF

COLLABORATOR :

9.3.5 DURATION OF AGREEMENT :

9.4

AVAILABILITY OF STANDAR0DS /

DESIGN PROCEDURES / COLLA-

BORATOR’S / DOCUMENTS (CHECK

WHETHER THESE ARE

LATEST/CURRENT

:

9.5

TECHNICAL SUPPORT, BACK-UP

GUARANTEE, SUPERVISION, QUALITY

CONTROL BY COLLABORATOR

(WHEREVER ESSENTIAL). (THIS

CLAUSE IS RELEVANT WHEN

VENDOR’S EXPERIENCE IS

INADEQUATE)

:

9.6 QUALITY OF DRAWINGS :

10.

0 MANUFACTURE

10.

1

SHOP SPACE, LAYOUT LIGHTING,

VENTILATION, ETC. :

10.

2 POWER (KVA) :

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MAINS INSTALLED :

UTILISED :

STANDBY POWER SOURCE :

10.

3

MANUFACTURING FACILITIES

(ATTACH LIST OF EQUIPMENTS AS

APPLICABLE)

:

10.3.1 MATERIAL HANDLING :

10.3.2 MACHINING :

10.3.3 FABRICATION :

10.3.4 HEAT TREATMENT :

10.3.5 BALANCING FACILITY :

10.3.6 SURFACE TREATMENT PRIOR

TO PAINTING/ COATING,

POLISHING, PICKLING,

PASSIVATION, PAINTING, ETC.

:

10.

4 SUPERVISORY STAFF :

10.

5

ADEQUACY OF SKILLED LABOURS

(MACHINISTS, WELDERS, ETC.) :

10.

6 NO. OF SHIFTS :

10.

7

TYPE OF MATERIAL HANDLED (SUCH

AS CS, SS, ETC.)

10.

8 WORKMANSHIP :

10.

9 MATERIAL IN STOCK AND VALUE :

10.

10 TRANSPORT FACILITIES :

10.

11 CARE IN HANDLING :

11.

0 INSPECTION / QC / QA / TESTING

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11.

1

NUMBER OF PERSONNEL (INDICATE

NO.OF YEARS OF EXPERIENCE) :

11.

2 INDEPENDENCE FROM PRODUCTION :

11.

3

AVAILABILITY OF PROCEDURAL

WRITE UP/QUALITY PLAN :

11.

4

INCOMING MATERIAL CONTROL AND

DOCUMENTATION :

11.

5

RELIABILITY/REPUTATION OF

SUPPLY SOURCES :

11.

6

STAGE INSPECTION AND

DOCUMENTATION :

11.

7 SUB-ASSEMBLY & DOCUMENTATION :

11.

8

FINAL INSPECTION AND

DOCUMENTATION :

11.

9

PREPARATION OF FINAL

DOCUMENTATION PACKAGE :

11.

10 TYPE TEST FACILITIES :

11.

11 ACCEPTANCE TEST FACILITIES :

11.

12

CALIBRATION OF INSTRUMENTS AND

GAUGES (WITH TRACEABILITY TO

NATIONAL STANDARDS) (ATTACH

LIST)

:

11.

13

STATUTORY APPROVALS LIKE BIS,

IBR, ETC.(AS APPLICABLE) :

11.

14

SUB-VENDOR APPROVAL SYSTEM

AND QUALITY CONTROL :

11.

15

DETAILS OF TESTS CARRIED OUT AT

INDEPENDENT RECOGNISED

LABORATORIES

:

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i) FURNISH LIST OF TESTS

CARRIED OUT AND THE NAME

OF THE LABORATORY WHERE

THE TESTS WERE

CONDUCTED

:

ii) CHECK AVAILABILITY OF

CERTIFICATES AND REVIEW

THESE WHEREVER POSSIBLE

:

12.

0

EXPERIENCE (INCLUDING CONSTRUCTION

/ ERECTION / COMMISSIONING) TO BE

FURNISHED IN THE FORMAT INDICATED IN

APPENDIX)

:

13.

0

SALES, SERVICE AND SITE

ORGANISATIONAL DETAILS :

14.

0

CERTIFICATE FROM CUSTOMERS (ATTACH

COPIES OF DOCUMENTS) :

15.

0 POWER SITUATION :

16.

0 LABOUR SITUATION :

17.

0

APPLICABILITY OF SC/ST RELAXATION

(Y/N)

IF YES, SUPPORTING DOCUMENTS TO BE

ATTACHED

Part C Supporting Documents

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18.

0

DOCUMENTS TO BE ENCLOSED:

1. Factory License

2. ISO Certificate

3. Registration of Central Excise

4. Income Tax Clearance.

5. PF Registration

6. ESI Registration

7. Insurance for Workman Compensation

Act No.

8. Electrical Contract LIC No.

9. PAN No.

10. GST Registration

11. MSME Certification

12. WC Tax Registration

13. Organogram of Co. having organogram

of Design, safety, quality, production and

other teams.

14. Details of subscription of BIS, IEC, IEE,

ASTM or other.

15. Details of the team in Design, Quality,

Safety, Production.

16. List of manufacturing equipment as per

Part C.

17. List of calibrated equipment as per Part

C.

18. List of clients and order executed in past

two years.

19. Complaint escalation matrix.

20. Performance Certificates of same

product from Minimum two utilities.

21. e-Payment Form as per enclosed

Annexure-J

* Classification of BA s under SC/ST shall be governed under following guidelines:

Proprietorship/ Single Ownership Firm: Proprietor of the firm should be from SC/ST community. Governing document shall be Proprietorship Deed.

Partnership Firm: Only such firms shall qualify which have SC/ST partners holding equal to or more than 50% of the total ownership pattern of the firm. Governing document shall be Partnership Deed.

Private Limited Company: Only such firms shall qualify which have SC/ST directors holding equal to or more than 50% of the total ownership pattern of the firm. Governing document shall be Memorandum of Understanding (MoU) and/or Article of Association (AoA).

The relaxation available for BAs under SC / STs shall be as per GCC for Tender Fees, EMD, PBG and Turnover criteria.

Note:

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Certification from SC/ST Commission shall be required for deciding upon SC/ST

status of a person.

Annexure-J (e-Payment detail form) must be filled by Associate along with this form.

ANNEXURE-M

MANUFACTURER AUTHORIZATION FORM

(To be submitted on OEM’s Letter Head)

Date: …………….

Tender Enquiry No.: …………..

To,

Chief (Procurement & Stores)

TP Northern Odisha Distribution Ltd, Mumbai

Sir,

WHEREAS M/s. [name of OEM], who are official manufacturers of ………… having factories at [address of OEM] do hereby authorize M/s [name of bidder] to submit a Bid in relation to the Invitation for Bids indicated above, the purpose of which is to provide the following Goods, manufactured by us

………………………………………………………………………………………………………….

and to subsequently negotiate and sign the Contract.

We hereby extend our full guarantee and warranty in accordance with the Special Conditions of Contract or as mentioned elsewhere in the Tender Document, with respect to the Goods offered by the above firm in reply to this Invitation for Bids.

We hereby confirm that in case, the channel partner fails to provide the necessary services as per the Tender Document referred above, M/s [name of OEM] shall provide standard warranty on the materials supplied against the contract. The warranty period and inclusion / exclusion of parts in the warranty shall remain same as defined in the contract issued to their channel partner against this tender enquiry.

Yours Sincerely,

For ……………..

Authorized Signatory

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Annexure-P

TATA CODE OF CONDUCT (TCoC)

Introducing Tata Code of Conduct (TCoC) in GCC, the following clause is proposed for

inclusion as per suggestions from Chief Ethics Counsellor -

“TCoC is the overarching policy framework that applies to all TATA Group companies

including TPNODL. TCoC provides for stakeholder-wise approach in each of the seven

chapters.

The chapter “Our Value Chain Partners” states the policy as follows:

1. We shall select our suppliers and service providers fairly and transparently.

2. We seek to work with suppliers and service providers who can demonstrate that they

share similar values. We expect them to adopt ethical standards comparable to our

own.

3. Our suppliers and service providers shall represent our company only with duly

authorized written permission from our company. They are expected to abide by the

Code in their interactions with, and on behalf of us, including respecting the

confidentiality of information shared with them.

4. We shall ensure that any gifts or hospitality received from, or given to, our suppliers

or service providers comply with our company’s gifts and hospitality policy.

5. We respect our obligations on the use of third party intellectual property and data.

To effectively implement TCoC, there is a 3-tier framework comprising of Ethics

Management Apex Team headed by the CEO, who is also the Principal Ethics Officer

(PEO), TPNODL; Locational Ethics Counsellors (LECs) who cover various

locations/offices of TPNODL; and LECs are assisted by 4-5 Ethics Champions (ECs).

In case any Ethical Concern is faced during the course of your business dealings with

TPNODL, one may utilize any one or more of the following avenues:

1. Ethics Portal on website – www.tpnodl.com

2. Ethics Box

3. IVRS No. 19124 and then press 7

4. Locational Ethics Counsellor (LEC)

5. Third Party Ethics Helpline – 1800-22-7697 (Toll Free) *

6. Chief Ethics Counsellor

TPNODL is committed to follow Core Values and Core Principles mentioned in TCoC,

cited below, in carrying out various activities as well as in discharge of bi-lateral and

multi-lateral obligations involving other entities/organizations:

Core Values:

All six core values are already mentioned in GCC.

Core Principles:

1. Zero tolerance to bribery or corruption in any form.

2. Committed to good corporate citizenship

3. Contribute to the economic development of the communities of the countries &

regions we operate in.

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4. No compromise on Safety

5. Our conduct shall be fair & transparent

6. Respect the human rights & dignity of our stakeholders

7. No unfair discrimination of any kind

8. Statements made to stakeholders shall be truthful & made in good faith

9. Not engage in any restrictive or unfair trade practice

10. Provide avenues for our stakeholders to raise concerns in good faith

11. Environment free from fear of retribution to deal with concerns that are raised

12. Expect the leaders to be role model

13. Comply with the laws of the countries in which we operate

Gift Policy:

Principles for acceptance of gifts/benefits –

A gift or benefit may be accepted only if it complies with all of the following principles:

it does not influence,

does not have the potential to influence, an employee in such a way as to

compromise or appear to compromise integrity and impartiality

does not create a conflict of interest or perception of conflict of interest;

Principles for non-acceptance of gifts/benefits -

The gift or benefit may not be accepted or given if any of the following principles apply:

causes the recipient or donor to act in partial manner in the course of duty

apprehension of the recipient becoming obligated to the donor

it is not offered openly

if is an offer of money or something readily convertible to money (e.g. Shares)

Violation –

1. Not abiding with this policy would constitute violation of “Our Employees” Stakeholder

group Clause “Gifts and Hospitality” of the Tata Code of Conduct (TCoC) 2015.

Prompt action will be taken against violations.

2. Any deviation from this policy must be supported by appropriate rationale and must

be duly approved by CEO who is also the Principal Ethics Officer. In any case, in

dealing with such deviations, the spirit of the TCoC should in no case be

compromised.

3. If it is determined that an employee / associate has violated this policy, appropriate

action including termination of the employee’s / associate’s employment or

association with TPNODL may be decided upon.

ANNEXURE-Q

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BUSINESS ASSOCIATE FEEDBACK FORM

With an objective to improve our internal processes and systems, and serve you better, we

solicit your valuable feedback & suggestions. It is estimated that it will take about 10 minutes

to complete this survey. We assure you that your feedback shall be kept confidential.

Please send the duly filled feedback form in the "TPNODL addressed - attached envelop"

You are associated with us as OEMs Service Contractor Material Suppliers Material & Manpower Supplier You are associated with us for Less than 1 year More than 1 year but less than 3 years More than 3 years Your office is located at Bhubaneswar Within 200 kms from Bhubaneswar More than 200 kms from Bhubaneswar Your nearly turnover with TPNODL Less than 25 Lacs 25 Lacs to 1 Crore More than 1 Cr.

Additional information

Your Name

Your Designation

Your Organization

Contact Nos.

Email

We once again thank you for your participation in this survey. Please spare 10 minutes to

give your feedback on following pages (Section A to E)

SECTION - A

(Please √ mark in the relevant box and give your remarks / suggestions / information for our improvement.).

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S. No.

Parameters

1 2 3 4 5

Remarks/ Suggestion

Do

No

t A

gre

e

Slig

htl

y in

Ag

reem

en

t

In F

air

Ag

reem

en

t

Mo

stl

y in

Ag

reem

en

t

Fu

lly A

gre

e

1 You receive all relevant queries / tenders from us in timely manner.

2 We provide you enough lead time to respond to our queries / tenders.

3

We provide you adequate support (drawings, documents, clarifications, briefing etc.) to enable you meet our requirements.

4 All following elements of our contract / purchase order are rational :

4.1 Scope of Work

4.2 Delivery / Execution Schedule

4.3 Payment Terms

4.4 Liquidated Damages

4.5 Performance Guarantee

5 Our purchase orders / contracts are simple, specific & easy to understand

6

TPNODL demonstrate willingness to be flexible in administration of Contract / Purchase Order

7 We provide timely responses / clarifications to your queries

8

TPNODL representative you interact / coordinate with is adequately empowered to support you in meeting contractual obligations

9

TPNODL provide you all necessary infrastructure support for timely and quality completion of work (including AMC)

10 TPNODL Engineer-in-Charge timely certifies the jobs executed/ material supplied

11

TPNODL Engineer-in-Charge efficiently supervises the job execution for timely completion of job

12 BIRD (Bill Inward Receipt Desk) initiative has improved payment

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S. No.

Parameters

1 2 3 4 5

Remarks/ Suggestion

Do

No

t A

gre

e

Slig

htl

y in

Ag

reem

en

t

In F

air

Ag

reem

en

t

Mo

stl

y in

Ag

reem

en

t

Fu

lly A

gre

e

disbursement process

13 Our approach for Inspection and Quality Assurance effective to expedite project completion?

14 TPNODL never defaults on contractual terms

15 In TPNODL Contracts closure is done within set time limit

16

Our material receiving procedures are well defined and efficiently deployed to reduce mutual inconvenience

17 Bank Guarantees are released in time bound manner

18 Our processes related to payment / account settlement are effective.

19 You get payments on time

20 TPNODL Employees follow Ethical behavior

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SECTION - B

SECTION – B (Please rate the following parameters on a scale of 1 to 5, where 1 - Minimum; 5 - Maximum)

SN Parameters 1 2 3 4 5 Remarks/

Suggestion

1

How do you rate courtesy/ empathy/

attitude level and warmth of TPNODL

employees you interact with from

following team?

1.1 Project Engineering

1.2 District / Zones

1.3 Projects/HOG (TS &P)

1.4 Inspection & Quality Assurance

1.5 Stores

1.6 Metering & Billing

1.7 Accounts / Finance

1.8 Administration

1.9 IT & Automation

2

How would you rate TPNODL in

comparison to your other clients in

terms of fairness of treatment and

transparency with its Business

Associates?

3

How would you rate TPNODL in

comparison to your other clients in

terms of processes and systems to

manage partnership with its

Business Associates

4

How would you rate TPNODL in

comparison to your other clients in

terms of building long term &

mutually relationship with its

Business Associates

Page 108: TENDER NOTIFICATION for Rate Contract for Networking

Doc. Title GENERAL CONDITIONS OF CONTRACT FOR COMPOSITE WORKS

Rev. No 0 Page 76 of 78

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SECTION – C

Please √ mark in the relevant box and give your remarks / suggestions / information for our improvement.

S. No.

Parameters

Cert

ain

ly N

O

Pro

bab

ly N

O

Pro

bab

ly Y

ES

Cert

ain

ly Y

ES

Remarks/ Suggestion

1 Based on your experience with TPNODL, would you like to continue your relationship with TPNODL?

2 If someone asks you about TPNODL, would you talk “positively” about TPNODL?

3

Would you refer TPNODL name to others in your community, fraternity and society as a professional & dynamic organization?

SECTION - D

If we ask you to rate us on a scale of 1 to 10, how will you rate TPNODL, that truly represents your overall satisfaction with us (please tick appropriate box) –

1 2 3 4 5 6 7 8 9 10

Page 109: TENDER NOTIFICATION for Rate Contract for Networking

Doc. Title GENERAL CONDITIONS OF CONTRACT FOR COMPOSITE WORKS

Rev. No 0 Page 77 of 78

Approved copy of GCC (TPNODL)

SECTION – E

Please √ mark in the relevant box and give your remarks / suggestions / information for our improvement.

Please spare your thoughts for TPNODL’s improvement in particular areas of weaknesses, particularly relating to some great practices, attitudes that you have seen elsewhere in Indian and International Organizations, which you recommend TPNODL to adopt. Please give your valuable salient recommendations.

Please spare your thoughts for TPNODL’s improvement in particular areas of major concerns for you. We also welcome your suggestions to adopt any best practices, altitudes that you have observed / experienced elsewhere in Indian/ International organization.

Recommendation Please tick (√) your top 5 expectations out of the following 10 points listed below -

(Please list down improvement you

expect from TPNODL)

Timely payment

1 Flexibility in Contracts/PO

Clarity in PO,s & Contracts

2 Timely response to quarries

Timely certification of works executed

3 Clarity in Specs, drawings, other docs etc.

Adequate information provided on website for tender notification, parties qualified etc.

4 Timely receipt of material at site for execution

Performance Guarantee/EMD released in time

5 Inspection & quality assurance support for timely job completion

We thank you for your time and courtesy!!

Page 110: TENDER NOTIFICATION for Rate Contract for Networking

Doc. Title GENERAL CONDITIONS OF CONTRACT FOR COMPOSITE WORKS

Rev. No 0 Page 78 of 78

Approved copy of GCC (TPNODL)